Legal Question in Business Law in Texas

I purchased an electric scooter online that was missing a laughable number of parts, took over a month to get the main part i needed (everything else I "needed," but this piece in particular was necessary to just turn the thing on). After over a month they sent me the wrong type so I sent it back. The seller told me I'd have to pay shipping which he said would be about $40. IT COST ME $123. Frankly at this point I'd rather share a sleeping bag with a pissed of grizzly bear, so I asked for a refund, and they LIED and said they already sent me an email saying "dont ignore us this time and you might get your refund. you ignore us again then you get nothying." They are also charging a %15 re-stocking fee (WHICH I WAS NEVER TOLD ABOUT!) . Now, my paying the return shipping was buried somewhere in the fine print, but come one, is this really right? Also the customer service was rude to the point of being straight out of a movie, and I kept EVERY email and can prove every word.


Asked on 10/29/10, 12:42 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Any business or franchise attorney will ask how much is your time worth? If it cost you $123, even though you're being victimized (which is saying it politely), how many hours of your time will it take, and what's the likely result at the end of this tunnel? If the charge is on your current credit card bill, you can dispute it and let the credit card company go to bat on your behalf. You can also complain to the Better Business Bureau. Another option is to find out a higher-up (perhaps even the owner) and let them know what happened. Most companies value their customers and the last thing they want is negative press from them. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/03/10, 1:26 pm


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