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Answered in 28 minutes by:
10/29/2009
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,366
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedHelloCustomer You might have a problem in that often these contracts stipulate that your acceptance of the delivery of the goods means that you agree that these are the goods that you paid for and that they arrived in satisfactory condition. You'll have to check your contract closely. If the wrong piece that you got is so offensive to you that you want to litigate over it, then contact a paralegal or lawyer near you, or go to the small claims court yourself to get the papers to begin a claim. First, I'd try to contact the seller again to complain, and keep doing it until you get a firm answer from someone in authority whose name you've taken down. Going to court can be expensive and painful, so if you don't mind the piece you got rather than the specific one you ordered then you might want to consider just living with it.
Regarding the damage to the entrance, take some pictures and get some estimates for the repair. Send the pictures and estimates to the store, and ask them if they will repair the damage or if you have to take it to court.
Good luck.
Ulysses
Please accept this answer so that I may receive credit for the time and attention I've given your matter.
Feel free to keep it, as they delivered it.
However, depending on the terms of the purchase contract, they might try to sue you for the difference in value between the piece you got and the piece you bought. Alternatively, tell them you'll exchange the piece for the one you were expecting if they'll fix your entrance. If you do that, don't admit specifically that you got a piece of higher value, simply refer to the piece they delivered versus the piece you were expecting. I doubt they'd bother to sue you unless the piece you got is substantially of higher value or it completes a larger set, meaning that if you keep it they have a single piece of one set and a full set of another minus one piece. They might play ball, it doesn't hurt to try.
Ulysses
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,366
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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