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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38445
Experience:  Run my own successful business/contract law practice.
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I baught tropical fish from a online web sight seller. He couldnt

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I baught tropical fish from a online web sight seller. He couldn't deliver first day 2nd day i was gone so that didn't work. Next ship day would work but seller is making excuses for unhealthy fish. He tried making me substitute fish i said no we got into a small disagreement threw email now he keep my money and canceled my order saying i got verbally abusive. I never swore at him only tried to make it work but went bad cause he keep telling me it was my fault. I told him i would state in my sales the problems i had with there services and that's when he said he's not sending my order. Was i in the wrong?
Submitted: 2 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

Just to be clear, prior to obtaining your order, you stated that you would complain about their service. Complain to whom exactly? When did you make the purchase and when was the fish supposed to be shipped to you? Do you know if the retailer has a return policy?
Customer: replied 2 years ago.
I placed the order 2 weeks ago almost. The shipping was supposed to be a week ago. Seller said he couldn't ship fish that shipping date so the other day i was out of town for the possible 2nd delivery so that didn't work. He was then supposed to ship today but called me by phone and tried getting me too switch fish for different fish i refused. We argued about shipping day he then said i had 3 choices ship today or cancel or switch fish. I choose today he then wouldn't ship again so i told him there's no reason for excuses not to ship. He then emailed me he wasn't going back and forth this way so i told him if he could send what he said he would that i too sell and would put in my adds the experience i had with there customer service. He then cancelled my order with that keeping my money due to verbally abusive behavior.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Even if you were verbally abusive (which I do not see if the situation took place as you described), since it was the other party who breached by failing to ship in a timely manner, he is required to refund you the money because he was the breaching party. If he fails to refund, consider taking him to small claims as he has no legal backing (again, even if you were rude, as that wasn't part of the contract, he still has a duty to perform his sale), and pursuing him for the value that you paid up-front.

Good luck.
Customer: replied 2 years ago.
In his add i did go back and look again. They state that they can cancel orders if the buyer becomes verbally abusive. However i don't think i was in anyway. I think anyone can tell anyone there experience with a certain company weather its good or bad right? That what he's claiming abusive.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

That is not abusive, that is descriptive. You never called him names or used profanity, and you did not make an unreasonable request. As a consequence I do not see his withholding of your funds as reasonable in this instance.

Good luck.
Customer: replied 2 years ago.
Thank you for your time and help! I think i will be using this for questions more often, i didn't think i did anything wrong. Thanks again for your help
Expert:  Dimitry K., Esq. replied 2 years ago.
You are most welcome and good luck to you.

If you found my information useful please do not forget to press the green "accept" button so that I can be compensated for assisting you. Thank you.

Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38445
Experience: Run my own successful business/contract law practice.
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