Legal Question in Credit and Debt Law in Indiana
Online company issuing partial refund instead of an exchange item
Hi
I live in Calilfornia, I purchased a saddle from a company in Indiana. The first saddle they sent me was the wrong saddle, I returned it, they sent me another sadlle that did not fit so I also returned it (at my cost). I had to call & email several times in order to get them to do anything to try and resolve the problem. In the end I requested a refund because they were not doing what they promised to do. The refund policy states a 20% restocking will be charged if you do not exchage for another saddle. The owner of the company said they are keeping a restocking fee. They sent a email on Saturday saying the refund would be issued by end of day on Monday and I responded on Saturday saying don't issue the refund I want to an exchange and to send me a different saddle (which was the price of the 20% restock fee). I followed up with an email on Monday and they have not responded. They went ahead issued the refund, kept the restockig fee and refuse to send the saddle. Since I requested the saddle exchange prior to the refund I believe they are obligated to send the saddle. What are my options?
1 Answer from Attorneys
Re: Online company issuing partial refund instead of an exchange item
It depends on the timing of your request for a refund, but if you requested the saddle before they agreed to give you the refund, then you should have gotten the saddle + the difference. . .
Depending on your loss, you could sue in small claims court in California if the company has an agent for service of Process in California. . .
Good luck.
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