Legal Question in Consumer Law in Massachusetts
Guarantee terms changed after purchase
If you purchase something with a guarantee that has certain conditions, then the company changed the guarantee conditions to be much more than the original, when you go to ask for the 200% money back guarantee, which guarantee do you have to abide by? The original one at the time of purchase or the new one at the time of being refunded?
1 Answer from Attorneys
Re: Guarantee terms changed after purchase
Normally the guarantee in effect at the time of sale, since that is part of the purchase contract, which cannot be changed unilaterally (just by the seller) after the purchase is complete. But you should read the original guarantee to see if it has language that says the seller can change it whenever it feels like it (not much of a guarantee).
It may also depend on whether the fine print was available before you purchased the item, since what you don't know cannot be a part of the bargain, as we say in legalese.
Send the seller a letter, certified mail return receipt, "pursuant to Mass. General Laws Chapter 93A" (assuming this was a consumer as opposed to a business purchase), stating that they violated their guarantee and that you want them to honor it. They have 30 days to give you a written response. If they do not, or if the response is not adequate, you can then sue and collect damages, maybe double or treble damages, and attorney's fees and costs.
Related Questions & Answers
-
Store rang up wrong price I recently purchased a used out of box HD TV from a Sears... Asked 12/20/05, 10:33 am in United States Massachusetts Consumer Law
-
Who has access to my school grades & credit report Dear Law Guru, The my... Asked 12/19/05, 11:11 pm in United States Massachusetts Consumer Law
-
Defective consumable drink in sealed bottel Ten days back, we purchased a set of 24... Asked 12/07/05, 11:01 pm in United States Massachusetts Consumer Law