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Old 03-04-2005, 01:06 AM   #9 (permalink)
Robert Hudson
Join Date: Feb 2004
Posts: 1,623
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The only thing I would contest in your statement is that you say the dealer is responsible for warranty issues and replacing product under warranty. That is simply not true. Some manufactures insist that the dealer NOT be involved, and will not honor the warranty if the dealer becomes involved. Some manufactures of electronics have authorized warranty stations that can do repairs, or some dealers are authorized by manufacturers to accept merchandise in return, but not often in this industry. Stock and inventory is a tricky and sticky issue. The customer always has the right to cancel an order, and a credit card should not be charged unless there is a reasonable expectation that the order will be shipped within a short time frame of the card being charged. Partial shipments with items on back order are perfectly legal as long as the customer has the right to cancel it. In the same vein however, when the customer places an order online they are entering into a legal binding contract. The customer can cancel the order without monetary obligation if they give the vendor sufficient notice, or if they did not enter into an agreement where the vendor special ordered product specifically to fill that order. Imagine ordering a thousand dollars worth of flowers for a wedding and then cancelling the order the day before the wedding. You still pay. Cancelling the order the day before it is due to ship, or after it has shipped, or refusing the shipment is not fair to the vendor who is ultimately responsible for the shipping cost and labor cost, and can be considered a breech of contract by the customer, even if the credit card company honors the charge back. It can still be considered a deliquent debt, and go on your credit record if reported.

Any merchant that offers mastercard or VISA is required by the CC companies to display on their WEB site a phone number, address, and a clearly stated return policy and terms of doing business. Many people do not read the "fine print". The best course is always to try and work out any problems with the vendor before taking more drastic measures or making assumptions. Some of us get bull headed, make mistakes or screw up, and sometimes we try to draw a line in the sand, but in the end I think most of us vendors want to accomadate our customers.
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