Legal Question in Consumer Law in California
I find smaller refer than paid for: after paying delivery charges
On 01/07/2008 I purchased a 26.1 cu.ft. Samsung refrigerator from Bizauctions in San Diego,CA. for $641.83. They had advertised it on Ebay. They wanted $275.00 to deliver to my home in Sun City,CA. I chose a local delivery service that included a good cleaning of the unit for $350.00. When the refrigerator arrived, it was NOT as advertised.
It was a smaller 25 cu.ft. refrigerator model that I did not want.
I emailed Bizauctions and reported the problem and told them I wanted the refrigerator that I paid for and invested my shipping and cleaning costs. ($991.83)
I told them that misrepresentation of an advertised item is Fraud!
Bizauctions laughed at me and said they would refund my purchase price of $641.38 and maybe $100 for my trouble, if I pay to get the refrigerator returned to them! but nothing beyond that!
My question: If a business advertises a refrigerator as being larger that the actual item you received, and you want to return it, are they legally responsible for the full delivery charges both ways?
Thank you
1 Answer from Attorneys
Re: I find smaller refer than paid for: after paying delivery charges
They should be responsible for shipping costs, but you need to check their agreements and terms of service. If you want to recover that you will have to sue them. If they are based in California, you can sue them in Small Claims Court.
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