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HelloThis is Samuel and I will discuss this and provide you information in this regard.Yes, I suggest it appears you have a claim. And I suggest that you first write them a letter explaining in detail the problem and that if your deposit is not returned you will bring the matter to small claims and also request they pay your fees and other costs associated with the suit be paid by them, since they are unwilling to settle this out of court.Mail that letter certified with a Return Receipt Requested. That way you can show the court, you tried to settle this without court intervention but you are only there because they would not settle.
I suggest that you are correct. You did not make a purchase, but rather a work order, which was not followed as agreed to and as you noted, then they damaged your chair while in their possession. I suggest yes, you would still have case.They are correct, however, that on purchases marked "final sale"and.or "as is" they would not need to give a refund, etc.But this is not a purchase but instead a work order. And if you have any photos of the chair before you brought it to them showing no damage to the chair, that will be helpful.But nonetheless, they did not repair the chair with the weaving but only the ply wood. And that is a breach of the agreement.
When you file the lawsuit, I suggest you make it clear that this is not a Purchase. But it is a breach of the agreement for repairs to a chair you already owned.And you should make that clear in your demand letter,too.
Thank you.I do not suggest that you state you have a photo, if you don't.I suggest that you can refer to the Hawaii Statute about final sales, etc. Here is the LINK to that statuteHere is what i suggest you can state in your letter, if you have not already sent it.
Dear NAME OF OWNER
On whatever day I entered into an Agreement with your manager that my chaise would be repaired. In the agreement it specifically states that there would be "weaving" and the "plywood". I requested the weaving for more comfort. However, the chair was not repaired as agreed. Your employee did not weave the chair as agreed. It was only repaired with plywood.I have discussed this with your manager and was told that there are no refunds because you have a policy of "all SALES final" and "SOLD as is". This policy would not refer to me because I never made a purchase. We are discussing a contracted repair, which your employee has breached.Under Hawaii Statute, the law is clear Section 481B-5.5: Returns for refunds, merchandise credits, and exchanges it specifies "purchaser" and it states:"Purchaser" means a natural person who is returning goods that were purchased or received primarily for personal, family, or household purposes.In this regard, I am requesting a full refund as the Repair work was not done as agreed.If I do not get a refund within 10 days from receipt of this letter, I will have no other option but to file a small claims lawsuit. And I will request the court also Order you to pay all my legal fees and costs associated with that filing as the reason we are in court is due to your inability to settle.
Before the last paragraph, you can also addIn addition to the breach of contract for the repairs, my property was damaged while in your possession and I am taken aback that your employee would state that I delivered the chair with damage. It was not damaged when delivered.And if you want to add that they can keep the chair and you are only seeking the refund, you can do that. And you should state what that Refund amount is, of course.
AlohaYes. I remember this matter. Let me review this matter.
Ok. I have looked at the responses to the BBB. First, please note the BBB will not do anything more at this time but to place a mark against this merchant as a customer complaint has been filed.As I recall, I provided you information on how to file a small claims lawsuit on your own. I will again provide you that information. If you file on your own, you do not need to have an attorney or incur those fees. As I recall you wrote the letter making the demand for the refund and you mailed that. Correct?
Here is the LINK for the Small claims information and in that link is this LINK which has the forms for you to file the lawsuit.
The current filing fee is $35, and the case will be scheduled within 30 days. Cases must be filed in person at the District Court Legal Documents Branch. To find the location of the District Court on your island, go to the Contact Us section and click on the island or circuit where you intend to file the complaint.
I don't recall if I originally mentioned that you can also file a consumer complaint with the Attorney General OAHU:(###) ###-####Toll-free: 1-***-***-****
Tell them you would like to file a complaint against a merchant for consumer fraud. Now, the AG may not find that there is fraud but if they do, they will try to assist with a mediation to get your refund. However, in most instances, the small claims court is the way to go.As a side bar note: the Professionals on this site are not privy to how finances are handled. I suggest if your click this LINK, you can chat or email a moderator who can discuss how the deposits work, etc.
You can drop off the letter, if you want. You would then want to get a receipt showing they got it or have a witness with you who can testify they got the letter hand delivered.Yes. Some counties have higher and others have lower filing fees. Small claims tries to remain "consumer friendly" so that money is not spent on attorneys when one is simply trying to to get money refunded.