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I placed an order for wedding invitations late on 6/16 (Saturday), I emailed to cancel the order 6/18 (Monday morning) before they opened to cancel the order. I paid a 75% deposit on my MasterCard debit card. The merchant is saying because our receipt says no refunds, she will not refund my deposit although my order was not received. I cancelled the order because online vendor offers same invitation for $600 less. Options?
Optional Information: Country relating to Question: United States State (if USA): Texas Already Tried: To speak with the merchant, she has offered 15% discount on the order but will not refund under any circumstances the deposit.
Unfortunately, there is no statutory 3 day right to cancel this type of contract under Texas law. Thus, the right of cancellation is based solely on the contract agreed upon between the parties. If she produces a contract stating that there would be no cancellation, then I am afraid that you would be bound to that contract. Your option would be to negotiate the difference in price with her from what was offered on the internet, but legally I am afraid that is your sole option.
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What about placing a chargeback under my credit card? The items charged have not been received.
The charge card company will not do a charge back until the charge hits the card and if the merchant produces an agreement stating that there would be no cancellations or refunds, then the card company will refuse to refund you the money and tell you this is a civil matter.
I did not sign an agreement. It is on their receipt.
Under Texas law for this type of transaction, having it printed on the receipt is notice to the customer I am afraid. One other option available to you to assist in getting her to honor the internet pricing is you can consider filing a complaint with the Better Business Bureau, since a bad BBB rating can impact the company's business.
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law