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View Full Version : Paid in full for merchandise. Store will not deliver bcause they undercharged us.


vasquezs
Oct 2, 2011, 10:10 AM
Purchased a chandelier from a high end furniture store in the amount of $2500, which was paid in full, with an expected delivery date of 4-8 weeks. Three weeks later received a call from store stating they made an error in pricing and refused to deliver item. Merchant stated the company they get chandeliers from "misquoted" price to them. The store now expects another $2800 from us. They gave us two options: Get a refund or pay the difference

joypulv
Oct 2, 2011, 10:18 AM
Not worth a lawsuit. A judge might tell the store to fork it over but adds are you would lose or just win some interest and an incovenience amount. Take the refund.

Curlyben
Oct 2, 2011, 10:40 AM
Normally this is covered under the T&Cs, that the item remains the property of the supplier until it is paid in full AND delivered.
So as neither has yet happened they have every right to request the remaining funds.

This type of transaction has appeared more and more frequently on the net where simple typos have caused an apparent run on a product, hence the change to the terms that full payment doesn't complete the contract.

Fr_Chuck
Oct 2, 2011, 10:44 AM
It sounds like they looked in the book and gave you the wholesale price, not the retail price. Have you went in and talked personally to the manager if a chain, or the owner if local store.

If a chain, and manager does not help, ask for the district manager.

You can also go out and buy one exactly like it and sue the store for your "loss" It is fairly obvious that someone at the store made a error. I would say at best you can expect to just get your money back

ScottGem
Oct 2, 2011, 11:17 AM
ANY question on law needs to include your general locale as laws vary by area.

I see it differently. If you have a bill of sale marked paid in full then they are in the wrong. If they made an error that is their problem and they are required to honor their contract.

I know NYS (and many other states) require that a store honor the marked price on an item.

vasquezs
Oct 2, 2011, 11:59 AM
I was thinking that a store receipt was considered a contract and that in this case a breach of contract has occurred. - I have spoken to one of the owners, who tried to intimidate me by stating he is also an attorney. He stated that it is the vendor of the chandelier's "prerogative" not to send chandelier to him. Well, how convenient. Of course the vendor is not sending the chandelier, he's not paying him to do so. He has tried to also say that it was a "calculation" error. Listen folks, 2+2=4. The receipt doesn't say 2+2=5. Here's one of the problems I'm having. 1. The store got paid in full and 2. It was a "special order" which meant that I was stuck with the item even if I changed my mind. What bothers me is they protect themselves, make a mistake and expect me to accept their conditions. Another issue I have is that I checked with other stores who sell this item and they are less than what he is asking in the difference in price. - If the price they charged me was the "wholesale" price and they were acting in good faith, this wouldn't be an issue. Thanks guys for all your help, but I have to go after this guy on principle alone.

ScottGem
Oct 2, 2011, 12:27 PM
I agree it is a contract. But there may be laws protecting the store depending on where the store is. I think you will, most likely, win. But its not a slam dunk.

vasquezs
Oct 2, 2011, 12:32 PM
ScottGem, the store is in New Jersey. I will keep you posted. Thanks again.