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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24546
Experience:  Attorney with 14 years experience in various consumer protection areas
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I went into a jewelry store intoxicated, I did go in alone,

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I went into a jewelry store intoxicated, I did go in alone, I don't even remember what the salesman looked like. I purchased an 8K ring but have never had the ring in my possession. They still have it. I guess I signed a no refund/no return policy which I do not remember signing. I do remember that the ring was art deco. I do remember the name of the jewelers. I called later to say I didn't want the ring. They said that it was my problem. I had to leave on a medical emergency for me, personally. I was then threatened to reissue a check. They gave me the wrong address and the address is also listed incorrectly with the BBB. I sent the check and it was returned as 'forwarding address expired'. I filed a complaint with the BBB for how this has been handled and why they don't have proper information about their location online and why sell to an intoxicated customer. They have my check, I have their reissued check. They still have the ring. What should I do? I don't want it but I also don't want them to charge me.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I think I am missing part of the story here. Did you cancel the check?
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Is that why they are asking you to reissue a check?
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Thanks
Barrister
Customer: replied 1 year ago.

I did cancel the check on the advice of my bank so they couldn't redeposit. I then said I'd reissue although in their BBB bureau response they are claiming that they could redeposit. Why haven't they tried already? I feel very badly. I don't do things like this. I reissued a check because they threatened me with legal action. The man gave me the address and I also verified it with the BBB. The check was returned to me because that address was no longer being used. It had something like 'forwarding address expired' on their end. Isn't it equally as bad to give someone who is trying to make good the wrong address? And I've never been in possession of this ring. I have never passed a bad check. Never. I'm 40. It was a huge mistake.

Expert:  Barrister replied 1 year ago.
If you put a stop on the check, then your bank won't let it go through again.
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To be very honest, being intoxicated doesn't get you out of a contract. If that were the case then every gambler in Las Vegas who got drunk and lost all their money would have a claim against the casino. So the store can enforce the purchase by suing you for the money if they wanted to and they would win. They would have to give you the ring and you would have to tender the funds to pay for it.
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I don't see any criminal charges being possible here because this is simply a civil breach of contract claim. So you have to decide if you want to ignore them and see if they actually hire an attorney and try and sue or not. If they don't, then you get away with breaching the contract. But if they do, then you might get stuck paying for the ring and their attorney fees incurred in suing you.
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But no, them giving you the wrong address by mistake isn't legally relevant and doesn't change the enforceability of the contract.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

If their address is listed incorrectly in a web search and with the BBB then how are they getting it wrong. It might be a 'mistake' by I have no idea where the merchandise is. I am out of their state. I wouldn't remember where to find them unless I looked them up at what they state and what they stated. Shouldn't they change their address if they know it's wrong? If I reissue a check to this same address it will come back again.

Expert:  Barrister replied 1 year ago.
Shouldn't they change their address if they know it's wrong?
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I agree, but they might not even realze that it is showing an old address with the BBB. If they moved 3 months ago (and I think that is how long address forwarding lasts) then they may not have though to notify the BBB of their new address.
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So you are back to the choices of either ignore them and see if they take this further or contact them and send them a check with them sending the ring.
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If I were a betting man, since you are out of state, I would bet that they won't want to go to the bother of getting an attorney, filing suit and having to track you down out of state to serve. They have the ring and it probably simply isn't worth their time to sue.
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If the store came to me and asked me if they should sue, I would tell them that they could, but it likely would be more trouble than it is worth.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Satisfied Customers: 24546
Experience: Attorney with 14 years experience in various consumer protection areas
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