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Can a company refuse to ship you an item once they have billed your credit card claimimg price error or description error?
State/Country relating to Question: California Already Tried: I spoke with the company and they told me to either pay and additional 4k or they would just cancel my order. They have since canceled 3 of the 5 items that they allege were priced incorrectly on their and several other web-sites. They have not refunded the money to my credit card as of today. The advertised price was found on, e-bay, price grabber, amazon, too many places to list. I watched the items for several days before making the purchase then they called me and said sorry we cannot honor the prices we need 4K to ship. They do have a vague price error disclamer on their web-site but it does not apply in my opinion. The store in question is www.aquasuperstore.com
It sounds like you may have a pretty good claim for false advertising, deceptive trade practices, and breach of contract since one could argue that they have "accepted" your offer to purchase by billing your credit card. They can defend the claim on "honest mistake", but they would have the burden to prove that at trial.
The first thing to do is to send a letter to your credit card company under the Fair Credit Billing Act and dipute the transaction either seeking that the pool company comply with the order or refund your money. See the back of your credit card for instructions.
The next thing you may want to do is file a small claim court suit in CA. You may run into some jurisdictional issues b/c the pool company is based in FLA. However, most of these can be overcome based on the fact that the pool company probably sells to a lot of CA citizens and has committed a Tort.
If you win the case, you may have to incur the expense to domesticate the judgment in FLA before the company will pay.
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