Legal Question in Consumer Law in California
What is the law regarding purchase of one-of-a-kind made to order items? I am an artist send who hand makes furniture. A client purchased a table and benches based on a photo on my website. He paid a 50% deposit through Paypal. Upon delivery he refused the item saying it was not like the one he ordered. Was offered to change color of item, which he refused. Now he wants a full refund. What are the rights of artisans in this type of occurrence?
1 Answer from Attorneys
Boy, this takes me back to law school Commercial Transactions class and the Uniform Commercial Code. Under UCC section 2-313(c), which is codified in California as Commercial Code section 2313(c) when a sample or model is made the basis of a sale of goods, an express warranty is created that the goods delivered will conform to the sample. So the first question is whether you knew or should have known that the customer was relying on the sample in the website when placing the order. If so, the second question is whether the product you delivered substantially conformed to the sample. The answers to both those questions are going to turn on facts, circumstances and details that are far too complex and intricate to deal with in an internet Q&A. If, in fact, the items delivered do conform to the sample, you are entitled to payment in full. If they do not, the customer has no obligation to pay you anything.
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