Legal Question in Consumer Law in New York

Refusal of UPS shipment - legal obligation

I made a purchase over the internet from a store located in Marine Park, NY (I live in Orem, UT). The item was shipped from Brooklyn, NY via UPS. After purchasing, I rec'd an email from the seller asking me to call to confirm order. I did so and was told the item I had order may not be what I expected. I tried to cancel the order, but the person became belligerent and talked really fast and said I would have to pay a restocking fee of 10%, so I agreed to have them upgrade the order to the product I had expected at a cost of almost 3 times as much as the org. purchase price. Now I read on the internet of dozens of people who were scammed in the same way by this company. I want to refuse the order when it is delivered. Their website says that returns will not be accepted without an authorization code. Will I be able to legally claim a refund and if so can I also refuse any restocking fees? I'm willing to pay for the orig shipping and return shipping if necessary and reasonable. I did not print the order confirmation and do not recall if they stated there that returns were subject to a 10% restockcing fee. However, their website does state this in the customer service section.


Asked on 9/11/08, 3:40 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Refusal of UPS shipment - legal obligation

Hopefully you paid with a credit card or paypal. Contact whoever you used to pay for the product and cancel payment for fraud. The seller is obligated to deliver what you ordered; you have no obligation to accept product you did not order, nor do you have an obligation to pay a restocking fee if they send the wrong product. You should also consider contacting the State Attorney General for the state where the seller is and file a consumer complaint.

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Answered on 9/11/08, 5:10 pm


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