Refund of money or products

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Refund of money or products

We have ordered a decor service and flowers for the wedding from a local business. Paid the whole amount up front $4300. 5 days before the wedding we canceled the whole thing since the wedding was called off. The business operator refused issue any refund. We asked her at least give us our products in this case flowers since she doesn’t give us any money back, she refused and said there is no refund at this point, not even the flowers. In the contract which we signed, it said that if we will cancel the wedding we might not receive a refund back, but in my understanding they have to give us at least a product. I need a legal advice in this case, since its a pretty big amount $4300. I am not wanting to get everything back, I understand that will never happen but she is from her side has to get some amount for preparation and return us either products or money she never used. In this case I want all the flowers she was supposed to order.

Asked on September 25, 2018 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are correct: they cannot keep your money without giving you the product. You paid for flowers (among other things); you must be given the flowers. As you correctly point out, they don't have to provide you with those things which you cancelled or which are impossible (e.g. the planning), but they do need to provide the hard product you paid for. If they will not, you could sue them for the value of those things they could and should have provided, but did not.


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