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I am sorry to hear about this situation. This is a textbook case of breach of contract, arguably. The elements of a cause of action for breach of contract are (1) the existence of a contract; (2) performance by plaintiff; (3) breach by defendant; and (4) damages. Blue Water Environmental, Inc. v. Incorporated Village of Bayville, New York, 13 Misc.3d 1211(A) (Table), No. 15809-04, 2006 WL(###) ###-#### *1 (N.Y. Sup. Ct. Sept. 21, 2006. Not only can the Court issue a judgment for the money, but also in addition to this, tag unto the judgment the difference of what it would cost to get a similar item elsewhere.
What someone in your situation wants to do is to file a small claims court matter for breach of contract. If you tell me what part of NY you are in, I can provide some more direction on how to do this. However before this is even done, one may wish to send a letter threatening a suit to the physical location, their national customer service address, and their legal department. That normally does the trick and one of those three will often simply refund the money.
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