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I Bought a lighter from a website about three months ago, i

 
Ely's Avatar
  • Answered by:Ely
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Customer Question

I Bought a lighter from a website about three months ago, i emailed the website a few times about it and they emailed me back some unintelligible babble about the package has run into "objective problems"? I payed for it through paypal but im not sure what steps to take to get a refund, i did a little research online and this website has ripped numerous other people off, am i supposed to sit back with these people and let these snakes con more people out of there money?

 

Optional Information:
Country relating to Question: United States
State (if USA): Colorado

Submitted: 351 days and 10 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  Ely replied 351 days and 10 hours ago.

Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Is the website based in the US? Or elsewhere?

Customer replied 351 days and 10 hours ago.

The website is based in china i believe, it is abclighters.com

Accepted Answer

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Expert:  Ely replied 351 days and 9 hours ago.

Thank you.

First, check the contract. Is there a shipment clause in there?

If not, then under UCC, the risk of it not getting there is on the buyer (i.e. you).

If it is FOB shipment (or something akin to this), that means that the seller has a duty to make sure the item gets handed to the carrier.

If it is FOB place/destination (or something akin to this), then that means that the seller has a duty to make sure the item gets to you.

So check the contract. But even if the contract is in your favor, this is China. So getting your money back via legal means is unlikely. However, do (1) challenge the PayPal charge and explain what happened and hopefully PP will side with you, and (2) write the site a stern letter explaining why you did. Likely, in the interest of customer care, they will let this go...

Chinese companies online are basically untouchable by US customers. Even if you sue them, imposing judgment is impossible. Ergo, this is why utilizing PayPal's Dispute Resolution and letter is best.

I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.

Expert TypeCounselor at Law
Category: Legal
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Answered: 5/13/2012

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