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I placed an order for wedding invitations late on 6/16 (Saturday),

 
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Customer Question

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?

 

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Country relating to Question: United States
State (if USA): Texas

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To speak with the merchant, she has offered 15% discount on the order but will not refund under any circumstances the deposit.

Submitted: 334 days and 9 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  PaulMJD replied334 days and 9 hours ago.

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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Customer replied334 days and 9 hours ago.

What about placing a chargeback under my credit card? The items charged have not been received.

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Expert:  PaulMJD replied334 days and 9 hours ago.

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.

Customer replied334 days and 9 hours ago.

I did not sign an agreement. It is on their receipt.

Accepted Answer

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Expert:  PaulMJD replied334 days and 9 hours ago.

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.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.1 %
Accepts: 27594
Answered: 6/20/2012

Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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