Legal Question in Consumer Law in North Dakota

purchase of a scooter

I purchased a scooter over phone on april 4, 2007 it came damaged to me. .. When i called the scooterdemand company they told me that basically if i send it back they are gonna charge me a restocking fee of 35% of purchase price.. it says it on the warranty..

can by law do this when in fact i ordered a new scooter and got a damaged one.. You can read about it under Scooterdemand and tell me if i have a case or not.. the manager was very rude and hung up on me several times. telling me that i can except the scooter and fix it myself or send it back and pay for shipping and 35% restocking fee.. I need some advice or even if i have a case


Asked on 4/24/07, 9:17 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: purchase of a scooter

Start by writing a letter and sending it certified mail. That usually gets folks' attention.

Make sure you write at the bottom that a copy is going to the state consumer protection bureau.

A re-stocking fees for a damaged product *does* sound inappropriate. Usually, such fees are permitted only when it is pure customer choice.

The bottom line was that they sent you something that did not fit the contract you made: you don't bear responsibility for that and shouldn't have to pay anything at all. On the other hand, if the product was insured (and if it was expensive, it should have been), you might have to involve the shipping company. It's entirely possible that they damaged it.

If it was an out of state company, you might also copy the letter to the consumer protection bureau of that state as well.

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Answered on 4/24/07, 9:29 pm


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