What legal action canI take it if did not receive an item that I ordered on-line and have now been charged various return fees?

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What legal action canI take it if did not receive an item that I ordered on-line and have now been charged various return fees?

I ordered a range on Amazon for $1449 including shipping. The vendor sent it by a freight company which called me to ensure a 28 ft semi-plus cab could safely pull into my driveway. I explained it cannot. They returned it to the vendor who says that they will only refund $945 because their return policy states buyer pays shipping both ways plus a 20% restocking fee. I have taken it up 5 times with Amazon’s A to Z guarantee to no avail. This seems like fraud. You can’t  “return” something you never receive. I am out $500 for never receiving an item that I ordered. What legal action?

Asked on August 25, 2010 under General Practice, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would call your state Attorney general's office and speak with someone in the consumer fraud division about how to handle the matter and helping you handle it.  There is the obvious: suing them in court, but it can be costly and time consuming.  I think, though, that you have to take a different approach.  They accepted your payment and they promised - a contractual promise - to deliver the product to you in a manner that was safe and appropriate for your location.  Why the 28 foot semi was not appropriate is not explained but I believe that they are looking at it as a cancellation, which you are not.  There is a breach here but more details are needed to pin it down.  In  the meantime, keep calling Amazon and the company that you purchased the range from and ask to speak with supervisor after supervisor.  Take names and numbers. Good luck.


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