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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28517
Experience:  30 years experience in general legal matters.
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I bought a ring 2 months ago in New Mexico. About 1-2 hours

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I 'bought' a ring 2 months ago in New Mexico. About 1-2 hours later I regretted the purchase (it was by check) and told them that I did not want the ring. They told me that I signed a no refund/no exchange policy. I do not remember signing this but they say they can email me a copy. I have never been in possession of the ring so how is the policy valid to begin with? That is my first question.

I had to leave because I had a medical emergency that required me to return to the state I'm living in to receive treatment. The ring was still there with them. I told them just to ship the ring. They found out (this was a week later) that before shipping I had bounced the check. I kept looking for the check to clear and it didn't. There was a glitch on the bank side for a transfer is what I'm guessing. I panicked, I reiterated I didn't want the ring and they said they would hand me over to their attorney. I decided to just reissue because I didn't want to get sued. I have NEVER passed a bad check. They gave me the address and one week later the check was returned to me because their forwarding address had expired. I double checked online and with the BBB and it was the same address they gave me.

At that point I decided NOT to reissue because I had tried to make good, they still had the merchandise (and the bad check), I still have the returned check in it's original envelope. To me this is a stalemate. They have merchandise and a check. I have a returned check.

I believe an attorney for them contacted me today but he didn't say he was an attorney. Are they planning on suing? How can they sue me for something I never possessed? How could this hold up if I tried to make good and they gave me a wrong address and wrong addresses are listed for them? How is no return/no exchange enforceable if the person has never had the merchandise? It was a poor decision on my part but I don't think this is worth going to court over. I see it as a wash. Please help. I am scared. I am 40 and have always been good with my account etc. I've never done bad dealings. This is terrible. AND I'm living in a hotel right now getting ready to relocate/travel for charity so there is no permanent address for me for a while.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma.   I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

If you agreed to buy the ring and paid for it then you have entered into a binding contract. So long as the seller is prepared to give you the ring then they are entitled to the purchase price. There is no general right to cancel a transaction due to buyer's remorse.

However, if they sue you for breach of contract they are required to take reasonable steps to mitigate their damages. In other words, if they are able to resell the ring then any claim against you should be credited with the purchase second purchase price.

I am sorry. I realize this is not the answer you were hoping for. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's position, but accurately reflects their position under the law. I hate it, but it happens and I ask that you not penalize me for having to deliver less than favorable news.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Customer: replied 3 years ago.
I attempted to pay for it. I was given incorrect information. I have never been in possession of this merchandise. If they sue for breach of contract how do they find me when I have no address right now? If it's small claims and I live many states away then how do I get served when I have no residence to be served. I guess I wait them out because I have zero paperwork and they have all the paperwork. I don't see how no return/no refund works if no transaction was completed. I realize they can sue. I also feel that if you don't even know your own business address and have it listed incorrectly everywhere: if I reissued a check it would come back to me again. This is a ridiculous situation.
Thank you for following up with me.

You are correct. The court can not get jurisdiction over you if they can not serve you. Since they still have the ring and can sell it if they want there is probably not much reason to be chasing you. They are, presumably, in the business of selling jewelry, not suing people.

I hope this clarifies things.

Customer: replied 3 years ago.
Thank you. I also feel like I have to chase them because they even said in their BBB complaint that I could just send them another check. They didn't seem to comprehend that I didn't have an address to send it to and I have proof of that via their returned check. It's like a merry-go-round and I feel a bit of bullying. If I was walking around with their merchandise then that would be wrong of me. I would have stolen it and that IS wrong. As it is, I have never been in possession of this piece. I don't wish them ill but they honestly need to learn how to run a business. If you don't call to check funds for a purchase over a certain amount and I don't even know their address? I don't trust them. They don't even have a website or internet presence. Just vague listings. I'll just wait it out. I honestly feel I'm in a wash situation with them. They haven't lost their merchandise and I haven't lost my money. I think it's bullying. The man who called today left his name and phone and location but no reason for the call. I think that should be announced. I get so many calls that if people don't tell me who they are and why they're calling, I don't call them back.
Thank you for the follow up.

At this point there is not really anything for you to do.

You may as well just wait i out and they will, likely, go away.

Thank you.

Loren and 4 other Consumer Protection Law Specialists are ready to help you
Thank you, Ella, for your positive rating of my service to you and the generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

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