Legal Question in Product Liability in South Carolina

False Advertising

Is it legal for Kmart.com to advertise a product and when you order it they only send you half the order because they were out of the other half and you still have to pay the full amount. And they are not going to do anything about it just apologize. I ordered a bar set for 170.00 plus 129.00 shipping and handling and they only sent the bar stool and they say they are out of the bar and not getting sorry but they are not getting any more. I ordered the whole set. I can not use the bar stools without the Bar. They told me to take it back to the nearest Kmart and I could get my money back but not the 129.00 for shipping plus I don't have a truck. Are they legally allowed to do this?


Asked on 4/29/04, 5:40 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: False Advertising

No. That's pretty bad. It probably isn't worth the time and money with a lawsuit. You would probably be better off contacting the right people at Kmart and seek recourse through them, and then taking your business somewhere else. Sorry to hear what you went through. I would be mad too. Good luck.

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Answered on 4/29/04, 10:13 pm


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