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Busted!! I need Legal Advice! Got a ticket for something stupid? Think you should fit it in court? Post it up and I am sure everyone will give feedback

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Old 05-27-2006, 09:38 PM   #1 (permalink)
Eggroll
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Default Returning wrongly-described item to online store

I purchased a pair of Fieldsheer Titanium Air pants on sale from Motorcycle Supertore. In the description, it said the pants have both a full circumference waist zipper to connect to Fieldsheer jackets and an 8" waist zipper. When I received the pants in the mail, it only had the 8" zipper, no full circumference zipper. I looked at the picture more closely on their site and I don't see a full circumference zipper there either, so I don't think I received a defective product. I looked up their return policy and it states that they charge a 10% restocking fee.

I'm going to call them Sunday morning/afternoon when they're open and see about returning it, but if they try to put that 10% restocking fee on me, can they do that even if the item was misrepresented on their site?

Link to item website: http://www.motorcycle-superstore.com...13&Division=1#
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Old 05-27-2006, 09:43 PM   #2 (permalink)
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They can always say that their return policy and the 10% fee was clearly stated on the site and you should have researched it better. Most will make an exception though, especially if they listed something wrong. Not sure if there is any legal way to force them to waive the return fee though. Some may take a replacement as a reg sale and not a restocking issue.
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Old 05-27-2006, 09:55 PM   #3 (permalink)
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if it still has the tags on it i think you could get them to waive the restocking fee without too much trouble. that assumes that they care at all about their customers and take resposibility for how they represent the products they carry. print a couple copies of the product page for you records...

in the end, 10% of 59.99 and return shipping on a small item isn't worth fighting to the death over, but i agree they should work this out. good luck.
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Old 05-27-2006, 10:05 PM   #4 (permalink)
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Yea, I had seen the return policy before I made the purchase. I usually try to read that stuff before I make a first purchase with a company I've never dealt with. And yea, the 10% is fairly small (though I paid $12 for 2 day air shipping). I was just wondering what would happen in a situation like this involving a misrepresented item.

Thanks for the responses, guys.
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Old 05-28-2006, 05:03 AM   #5 (permalink)
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you can always dispute it with your credit card company if they charge you, that way it turns things around and they have to convince your cc company that you owe them and not you tring to convince them to give you money back
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