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mdmlaw, Lawyer
Category: Consumer Protection Law
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Experience:  I have successfully represented consumers for over 25 years, through trial and negotiation.
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I placed an order for concert tickets with Ticketmaster online

Resolved Question:

I placed an order for concert tickets with Ticketmaster online a month before the concert. I found out within hours of placing the order that I would not be able to attend on the date due to work commitments. I used the e-mail function on the Ticketmaster website within 24 hours to ask them to cancel the order. I got no response. I contacted my credit card company and asked them to decline the charge which would have automatically cancelled the order. They said they could not do that. I then disputed the charge on my credit card and got a provisional credit. I just now received notice that "buyer's remorse" is not grounds for cancellation and that the charge for the tickets would be added to my credit card. Don't I have a right to cancel an order online within 7 days of the purchase as long as I diligently try to contact the supplier for cancellation?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  mdmlaw replied 5 years ago.

Let me go check the ticketmaster site....do you recall whether you entered into an agreement? Checked "I Agree" anywhere?

 

Mary

Customer: replied 5 years ago.
I'm sure I did as a condition of entering the order. Ticketmaster also points out that the terms of sales do not allow for cancellation and that all sales are final. My point is that I had contacted, or tried to contact, them within hours of order placement to void the order. When I requested cancellation no tickets had been issued or mailed.
Expert:  mdmlaw replied 5 years ago.
Ticketmaster implies that the refund policies may be dependent upon their clients. Tell me about the event. Where? Who?
Customer: replied 5 years ago.

 

The concert was a Doobie Bros. concert on Oct 5th at the B.R.Cohn Winery at Glen Ellen, CA

Expert:  mdmlaw replied 5 years ago.

Internet sales are governed by the contract created by the site and the consumer. Ticketmaster informs you that they are the agent of the venue and they are not the actual seller of the ticket and they indicate that the will apply the policy of their client to purchases. The B.R. Cohn Winery has a non-refundable ticket policy stated in their website.

 

I have done an extensive search of current federal law and checked Oregon law and could find nothing which guarantees you a refund. There is a three day "cooling of" period for purchases made from your home, however that does not apply here.

 

There are many articles from various legal organizations which discuss the law of clickthrough sales and how a vendor can ensure that the sales from his site are enforcible. They are all about disclosure of the terms and a consumer's opportunity to learn the terms of sale and agree. However, there is no provision for a seven day cooling off in connection with internet sales.

 

Having read the Ticketmaster site and its contracts, I believe that they may enforce the sale even though you tried to cancel immediately after. However, you never mentioned whether you got the tickets. If you did not get the tickets, or unconditional access to the tickets, then you CAN cancel the sale, based upon that fact alone.

 

Hope this answers your question.

 

Mary

mdmlaw, Lawyer
Satisfied Customers: 101
Experience: I have successfully represented consumers for over 25 years, through trial and negotiation.
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