How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23804
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
11688690
Type Your Consumer Protection Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

Hello we have a case where a customer purchased an oven from

Resolved Question:

Hello we have a case where a customer purchased an oven from us. After it was received he changed his mind and decided to return it not offering any good reason. Prior to this he claimed he was having trouble getting the oven to ignite. An email was sent to him indicating we would be happy to rectify any issues he may have. He then contacted us and saying he did not want the oven [phone call]. We indicated even though we normally do not take back pre-owned equipment, we will take back the oven minus shipping charges. We do NOT have in writing that he agreed. A credit memo minus the shipping charges and credit card fees was emailed over to him indicating what he would get back on his credit card [cost of the oven minus approx $940]. He emailed back that he was on the road and will return the oven once he gets back to his home town. Shipping was arranged by us and the oven was returned. His card was credit back. A few days later he charged back the $940 claiming "the oven was defective and damaged". Visa has a policy in place that it does not offer any form of merchant protection if this particular charge back is initiated.
I am thinking about taking this to the Small Claims Court. The question is:
1. Do I have a [good] case?
2. Can I add my travel expenses [I am in KY, customer is in AZ] to the claim
3. Do I sue the Corporation or the individual [president of the cooperation]?

Thank you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


What is your return policy as to the oven?

Did the customer know that?

How did this customer come to buy the oven from you?
Customer: replied 1 year ago.

What is your return policy as to the oven?


 


We have a website "Customer.com. " The policy is posted on the site and indicated we DO NOT accept returns on pre-owned equipment.

Did the customer know that? We do NOT have in writing anywhere that he saw that or agreed to it.

How did this customer come to buy the oven from you? Call the office talked to one of the sales people and purchase using a Credit Card.


 


Thank you

Expert:  Law Pro replied 1 year ago.
OK - so they bought a "used" oven from you - correct? I wasn't sure if it was "new" and then you were calling it "used" because they used it or what.

On your website - what does it say if there is a "dispute" where jurisdiction will be?

Does it say anything on your website if there is a dispute that it goes to arbitration or mediation or anything?
Customer: replied 1 year ago.

OK - so they bought a "used" oven from you - correct? I wasn't sure if it was "new" and then you were calling it "used" because they used it or what. Correct, It was pre-owned but re-manufactured by us.

On your website - what does it say if there is a "dispute" where jurisdiction will be?


PURCHASER RESPONSIBILITY


It shall be the Purchaser's responsibility to ensure that any equipment purchased fromCustomercom is the correct make and model ordered and fits all specifcations needed. The Purchaser must ensure that each item is installed and operated in a proper and safe manner. Purchaser also acknowledges that it may have to install or change guards, safeties, warnings or other components to ensure that the machine will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Purchaser agrees to defend, indemnify and hold harmlessCustomercom from and against all suits, claims, costs and expenses, including attorneys fees, for personal injury, death, property damage or loss revenue arising from the purchase, ownership or use by the Purchaser, Purchaser's agents, employees or independent contractors of the equipment purchased.
In the case of legal actionCustomercom reserves the right to have jurisdiction in Kentucky State.




Does it say anything on your website if there is a dispute that it goes to arbitration or mediation or anything?


 


As above


 


Thank you.

Expert:  Law Pro replied 1 year ago.
The "good" language":

In the case of legal actionCustomercom reserves the right to have jurisdiction in Kentucky State.


You can file suit against them in KY and they have to come to KY to defend.
Because they most likely won't come to KY to defend - you can get a default judgment and transfer the judgment to AZ execute against their assets in AZ.

Under Arizona's Revised Uniform Enforcement of Foreign Judgments Act , any judgment, decree, or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Arizona. A judgment creditor seeking to enforce a foreign judgment may make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. A notice of the filing of the foreign judgment and a copy of the foreign judgment is required to be mailed to the judgment debtor at the address given and the proof of mailing must be filed with the clerk. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. (ARS 12-1701, et seq.)

A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the superior court of the State of Arizona, and may be enforced or satisfied in like manner. (ARS 12-1702.)



I am thinking about taking this to the Small Claims Court. The question is:
1. Do I have a [good] case?
2. Can I add my travel expenses [I am in KY, customer is in AZ] to the claim
3. Do I sue the Corporation or the individual [president of the cooperation]?


Yes, a great case.

You don't have to go to AZ but can sue them in KY - pursuant to your terms of service they agree to KY having jurisdiction.

You would have to sue the corporation unless the president gave their personal guarantee. But you can execute against the corporation's assets and maybe the president's personal assets.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

Thank you for your answer. So even though he could claim he did not see/read or agree to the terms, I still can proceed?

Expert:  Law Pro replied 1 year ago.
That's his problem that he didn't read nor see the terms - failure on his part to perform his due diligence - you post that terms of service on your website and, as such, they agree to such.

You have no problems suing him/ the corporation in KY for whatever your damages are.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!




Law Pro, Lawyer
Satisfied Customers: 23804
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
Law Pro and 6 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas