Legal Question in Business Law in Florida

purchased one brand, was shipped another brand
I purchased a brand name appliance (over the internet) which I have not received. Instead I was shipped a similar (differently branded) item by the company, a brand which I never agreed to purchase.
Is this a legitimate business practice?
Am I stuck with the ''off-brand'' item, or can I request a refund?
What should I do?
I couldn't find this in the knowledge base....

Asked on 3/12/09, 12:30 am

2 Answers from Attorneys

Richard Stoffels Stoffels Law Group

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Re: purchased one brand, was shipped another brand

This is a common problem when purchasing products over the internet. Sellers often have terms in fine print that allow them to substitute products like this. Here are the steps I would take:

1. Review all of the terms of the agreement - if necessary revisit the website and read the contract that you agreed to.

2. With that information in hand, contact the seller regarding your issues - it may have been a mistake by the seller which he is willing to rectify.

3. If the seller is not willing to help, then decide what you are willing to pay to fight the seller - it will be expensive to ship the appliance, and you may have problems getting your money back. The fight may cost more than you spent to start with, and depending on the terms of the contract you signed, you may not even be able to win.

Answered on 3/12/09, 7:51 am

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