Legal Question in Business Law in California

What rights do I have for cancelling an order 3 days after ordering online? I live in California and the companies website claims the items are being processed but have not ship. For returns, they usually charge a handling fee.


Asked on 8/04/16, 5:33 pm

2 Answers from Attorneys

None. Once you place an order a contract is formed. If you want to break that contract, you legally owe damages to the company, although once you have paid, all they have to do is ship the item to you as agreed. Of course they are not going to sue you for it, and apparently they will allow you to cancel, but they are certainly entitled to charge you a returned item or "restocking" fee in exchange for not holding you to the contract. In effect it is a form of liquidated damages for you breaching the contract.

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Answered on 8/04/16, 5:40 pm
Keith E. Cooper Keith E. Cooper, Esq.

Unless this is a custom-made item, if the company hasn't shipped the order, you should be able to cancel without penalty. It is best if you call them and speak to someone to cancel and ask that they not charge your credit card (or issue a credit if they have). If the company has charged your credit card, dispute the charge with your credit card company as a canceled order.

The restocking fee that some companies charge is related to their not being able to sell a returned item as "new." If the item hasn't left their custody, it is still a new item and no restocking fee should apply.

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Answered on 8/15/16, 3:57 pm


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