Legal Question in Consumer Law in California

Some time ago I purchased some goods from an online merchant in another state. I am in California and the merchant is in Kentucky. Due to my own error, the items were returned by the shipping company to the merchant. I sent an email to the retailer at the time in an attempt to get another shipment but did not receive a reply. The retailer returned my items to stock without refunding my money. Some time later, over a year, I contacted the merchant again and received a reply that the items were not available in stock and he would prefer to refund my money. I replied and again received no response. More time has passed and now the merchant ignores my emails. 3 years have now passed and the cost of the items has increased significantly due to rising materials costs and foreign exchange rates. For this reason the merchant wants to refund and I want the goods. Because the merchant returned my goods to stock without refunding my money at the time, I am having a hard time being empathetic to his position. Was that a conversion of my property? I want the goods I purchased and am willing to pay again for shipping. Assuming I can reopen dialog with the merchant, must I accept a refund if he insists or may I demand the items that I have already paid for and are in the merchant's stock?

Asked on 11/19/12, 1:07 pm

Carl Starrett Law Offices of Carl H. Starrett II

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You admitted that it was your own mistake that the good went back. You are entitled to a refund with interest, but that's about it.

Answered on 11/24/12, 1:11 pm

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