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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10639
Experience:  30 years experience corporate, litigation, international
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I ordered a tent from an online store early in June. After

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I ordered a tent from an online store early in June. After I received it, I did an initial setup in my back yard. It was supposed to rain that night so I left it up to see how it would hold in the rain. It flooded out. I called the merchant. After much arguing, the merchant agreed to refund my money into my checking account and send a shipping label. He told me to wait until the refund was in my bank account,I did. That was on June 18th. I was unable to send out the item right away and had pickup set up for June 29.In the meantime, the merchant tried to contact me, but was unable to and needed to leave messages. I was unable to retrieve these messages. The merchant assumed that I would not return the tent and did a second unauthorized charge to my account. I sent the tent back and he said I would have to pay for it to be shipped back and he would not give me a refund and I breach our agreement. We did not have a set amount of days for return. Can he do this?
Why were you delayed in sending back the tent? Why couldn't the merchant reach you? Why couldn't you retrieve the messages?
Customer: replied 8 years ago.
My cell phone was broken and I had it replaced. I didn't know how to retrieve my messages from a land line. I use a special adaptor for my phone so I can hear on it. ( I have a hearing impairment) Without my phone, I couldn't use the adaptor.

I delayed in sending back the tent partially because I had to wait for a number of days for him to email me about my request to return the tent. He sent an RA that expired in ten (june 16th) days, but he told me to wait until the refund was deposited (june 18th). I didn't realize there was an expiration date on it. I was going to send it yesterday until I saw he took the money out. So from the 18th to yesterday was 11 days. I missed the expiration by one day.
You should contact the merchant and explain what you put in the post to me. This may give him reason to reconsider his position. His concern is that you delayed so you could use the tent and then return it and get a refunc. Offer to send him proof of the hearing impairment.

In terms of your rights. He agreed to give a refund and you agreed to return the merchandise. The 10 day period under the circumstances is not unreasonable. If you have to go to court, you would confirm your willingness to return the merchandise and his agreement to refund the money. You would ask the court to require the merchant to refund the money for the defective tent and your willingness to return the tent. On this state of facts you should be successful in such a case.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
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