Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I made a purchase with Direct Shopping Network for jewelry…

Customer Question
I made a purchase with...
I made a purchase with Direct Shopping Network for jewelry which was non refundable. I was told that I would recieve the item between 15 and 20 days. It has been more than twenty days and I called them and they told me that they had not even shipped the item yet. I told them that since this was the case I no longer need the item and would like to cancel the order. They refused to cancel the order, stating that I was informed that it was non refundable.
Submitted: 9 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 19 minutes by:
12/17/2008
Lawyer: Jim Reilly, Attorney replied 9 years ago
Jim Reilly
Jim Reilly, Attorney
Category: Legal
Satisfied Customers: 1,805
Experience: California lawyer since 1976.
Verified
If the delivery within 15-20 was part of the purchase agreement, they are technically in violation of the contract and you can rescind it, even though it is a "non-refundable" contract. However, the only way you can enforce a rescission of the contract is to sue them. Unless the value of the jewelry is quite high, it would almost certainly not be worth doing so.

Jim Reilly
Jim Reilly, Attorney
Category: Legal
Satisfied Customers: 1,805
Experience: California lawyer since 1976.
Verified
Jim Reilly and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 9 years ago
The purchase price was $668 and change (Which is quite high for me). Should I send them an e-mail stating my intent, or call them back and inform them of my intentions? If I recieve the item before the lawsuit, should I send it back or hold onto it?
Lawyer: Jim Reilly, Attorney replied 9 years ago
Ah, yes, $668 is quite high and is probably enough to justify the time it would take to pursue a small claims case. You can send them an email, but a certified letter would be better, as it provides proof of delivery/receipt by them.

If you receive the item, you should hold onto it until the hearing in court. Then take it with you to return to their representative who appears in court. That will impress the judge and make it more likely that you will win. It will also insure that you don't end up with neither your money nor the jewelry.

One other thought, if you paid for this item with a credit card, the credit card company may be willing to reverse the charge. If you paid with a credit card, you should contact your card issuer immediately to discuss this possibility.
Ask Your Own Legal Question
Customer reply replied 9 years ago
Thank you for your time and assistance. I will be contacting my bank tomorrow morning to see if this issue can be resolved that way. Your quick response is very much appreciated
Lawyer: Jim Reilly, Attorney replied 9 years ago
You're welcome and thank you for the accept. Good luck getting this resolved.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly
Jim Reilly, Attorney
Category: Legal
Satisfied Customers: 1,805
1,805 Satisfied Customers
Experience: California lawyer since 1976.

Jim Reilly is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

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

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I want my money back from FashionMia. I ordered a coat in
I want my money back from FashionMia. I ordered a coat in November 2017 and I didn't receive an acknowledgement so I ordered it again December 23, 2017. When I ordered the second coat I was taken to a… read more
LegalGems
LegalGems
Juris Doctorate
12,550 satisfied customers
If I refuse Fedex's shipment of something I bought new from
If I refuse Fedex's shipment of something I bought new from an online retailer, must the retailer accept the item as unused and issue a full refund? Can they enforce their "no returns without an CRA" … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
Ipurchased brand new product in working condition and
Hi, Ipurchased brand new product in working condition and received broken open box item. I used Paypal and escalated to the issue with Paypal. After verifiying some facts they agree and seller did not… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I'm a manufacturer of metal parts. I accepted two PO's from
I'm a manufacturer of metal parts. I accepted two PO's from a customer. Despite our best efforts, we ran late on both. The customer cancelled the first PO even though they handed me a check and told m… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I purchased a 60" TV from amazon for which I paid 80% from
I purchased a 60" TV from amazon for which I paid 80% from my funds and 20% with their own rewards program. At purchase time I was offered a scheduled delivery which included specific time range for t… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Dear Sir, I live in Sweden and would have to be a little
Dear Sir, I live in Sweden and would have to be a little advice, I have acted on the Internet from a company which sells used automobile parts. The problem is that they have not sent the right sparepa… read more
SmithEsq
SmithEsq
Attorney
Doctoral Degree
112 satisfied customers
I wrote a personal check last Friday to a tiny store-front
I wrote a personal check last Friday to a tiny store-front company here in town, to purchase some precious metals. They told me I would not be able to take possession for 10 days, which will be next T… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I purchased jewelry on 6-10-11. I came back today (6-15-11),
I purchased jewelry on 6-10-11. I came back today (6-15-11), to return the item and the manager said it was too late for a refund. On the botttom of the reciept, it reads, "REFUNDS MUST BE MADE WITHIN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Hi I purchased a hot tub online from a company called choose
Hi: I purchased a hot tub online from a company called choose direct . com last December ---- They have a non-cancellable non-refund policy ---- the problem is, here we are 9 months later, and I still… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
There is a seller on eBay who is threatening to file a $250,000
There is a seller on eBay who is threatening to file a $250,000 civil suit against me for leaving him bad feedback. His exact words was that "I cannot sit still while you defame our business reputatio… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I am an Interior Decorating located in Florida selling custom
I am an Interior Decorating located in Florida selling custom furniture and operate out of my home. I had a client that was paying me by the hour to help with various items such as trim, paint, lighti… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Is it legal, and do I have any recourse, for a 20% Restocking
Is it legal, and do I have any recourse, for a 20% Restocking Fee? The Charge was for approx. $10,000.00, and we asked to cancel the next day. The store canceled the purchase, and refunded $8,000.00 ,… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I live in California. I paid for an item using my VISA card
I live in California. I paid for an item using my VISA card at the seller's place of business on 1/15/10. The merchandise has not been delivered. Can cancel the order and receive a full refund within … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
I purchased an item today (1/15) using my credit card for $2800.00.
I purchased an item today (1/15) using my credit card for $2800.00. Can I cancel the order and get a full refund withing 72 hours?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,159 satisfied customers
Hi - I bought an item on line from a New York retailer, their
Hi - I bought an item on line from a New York retailer, their website clearly stated that the item will be shipped in 3 days for $70. I am based in South Africa, I bought the item from them specifical… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Customer signed an invoice for a custom closet to be installed
Customer signed an invoice for a custom closet to be installed and gave a credit card number for the 50% deposit. The products needed for the job were ordered and the client contacted the company the … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,053 satisfied customers
WE are a custom upholstery shop. A client dropped off a ...
WE are a custom upholstery shop. A client dropped off a chair and ordered custom order fabric yesterday. She left a credit card deposit for her fabric. We ordered the fabric and it may have shipped ye… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
After placing a special order for jewelry at a jewelry ...
After placing a custom jewelry order at a jewelry store and making a down payment, how long does the jeweler have to produce the custom ordered jewelry when they indicated they could have it ready wit… read more
LegalEagle, LLC
LegalEagle, LLC
Attorney at Law
Juris Doctorate
982 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x