California | Consumer Law
Legal Question
I find smaller refer than paid for: after paying delivery charges
On 01/07/2008 I purchased a 26.1 cu.ft. Samsung refrigerator from Bizauctions in San Diego,CA. for $641.83. They had advertised it on Ebay. They wanted $275.00 to deliver to my home in Sun City,CA. I chose a local delivery service that included a good cleaning of the unit for $350.00. When the refrigerator arrived, it was NOT as advertised.
It was a smaller 25 cu.ft. refrigerator model that I did not want.
I emailed Bizauctions and reported the problem and told them I wanted the refrigerator that I paid for and invested my shipping and cleaning costs. ($991.83)
I told them that misrepresentation of an advertised item is Fraud!
Bizauctions laughed at me and said they would refund my purchase price of $641.38 and maybe $100 for my trouble, if I pay to get the refrigerator returned to them! but nothing beyond that!
My question: If a business advertises a refrigerator as being larger that the actual item you received, and you want to return it, are they legally responsible for the full delivery charges both ways?
Thank you


