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Can a company charge you a restock fee, if floor samples were never shipped and within 24 hrs of deposit, there was a dispute?

Miami, FL |

I went to a office furniture store, and placed an order which included mainly floor samples. I paid 50% of the bill via credit card. The next day I contacted company to close the sale and I indicated that I wanted to change the chairs. The salesperson immediately told me that I could not make any changes because the chairs had already been ordered and all sales were final - no changes. I argued she never told me that and told her to hold off on order. The owner called me last week insisting there was a misunderstanding with salesperson because of language barrier, so he told me to get back in contact with them. Yesterday, found exact chairs online 65% cheaper. Today I contacted them and advised that I only wanted 3 item (60%) of deposit and refund. Owner says he is going to charge 30%.

Attorney Answers 2


You should review the online policies of the vendor as well as any written policies you have received regarding your order. I would also contact the credit card company and dispute the portion of the charge applicable to the restocking fee.

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The store's return and refund policies may be contained online, or they may be posted in the store, or they may be on the sales documents, or some combination of those.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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