Legal Question in Consumer Law in Texas
My husband ordered me a ring for 10K from a jewerly store. The ring cost more than what he qualified for. The sale clerk to me he could opened a seperate account in my name and charge the balance of the ring to my account; My husband and I have two different accounts to pay for one ring. The sale clerk told us the ring would take three days to come in.The store never called to tell us the ring was in and we never called the store because we were having second thoughts about the ring and our finances. We later received a statement for the ring. My husband called the credit card company and told the representative the ring was at the store; we never picked up the ring. My husband stated the rep. told him she would call the store to confirm. We later got a letter stating the payment was late. My husband called the store and told the manager we didn't want the ring. The manager told him we had to take the ring because they have a 30 return policy and that our thirty days were up. We don't have a ring to return. Can they use this thirty days return policy against us when they already have the ring? Thanks
1 Answer from Attorneys
Interesting question.
You never took delivery of the ring; however, the store will claim that there WAS a contract that you made to buy the ring, which had not yet been delivered.
However, the store never notified you that the ring had come in.
I would write these folks a letter (paper letter - STOP USING THE TELEPHONE - no emails either) and explain what happened, in chronological order. You might leave out the part about having second thoughts; when you didn't receive notice that the ring had arrived, you assumed that it didn't exist, and that the deal was off.
Put a DATE on the letter. Send a copy of it to the credit card folks. And keep at least one copy for yourself; you'll need it when the jewelry folks report you to the credit bureau.
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