what recourse to i have???

Question

for christmas we gave my inlaws a canvas drawing. we ordered the drawing on 11/14 and recieved a prescreen on 11/27. should have been sent 7-10 days later all is great. well come christmas they never got it. 1/5 we put a stop payment, because they would not respond to calls and emails. it got to the parents on 1/11. they want the full balance. i said not happening. they offered us $25 credit on next order. (no happening) or 20% of this order. i said put the $25 on this order and lets call it a hot day. am i being unreasonable. this was a gift and didn't get there till amost 3 weeks after christmas. she says they will dispute my dispute, i am not saying i shouldn't pay them, but that is just wrong...

i took a picture of their dogs and got it turned into canvas artwork...so it wasn't just crappy art

was the postal service really running a month and a half late. and yes there was a by christmas guarantee

when i asked to speak to someone else a supervisor or an owner...she said that she had lied about there speaking with a supervisor earlier and then hung up on me...

Answer 1

Your answer will depend on the state you are in, so this answer is provided simply for informational purposes, and is not intended as legal advice or representation. It sounds as what you are describing is a contract issue.

Was there a written contract with a delivery date, or were any promises made as to the delivery date? If not, then how did they break their promise to you?

Likewise, why was it late? Did they do something wrong that caused it to be late (not mailing it for two weeks), or was it outside of their control? (Postal delay). If it is outside of anyone's control, who assumes that risk (you or them)?

Assuming there was a breach somehow, what were your actual damages, and what remedy could the court give you?

If you argue that the painting has no value because it was late, then the remedy could be to return the painting for a refund. If you argue that the value of the painting was diminished, then the damages would be a partial refund. It sounds as if the vendor is attempting to settle with you in this way.

Finally, what would be the cost to actually dispute this, and would it exceed your actual remedy? You would need to look into the cost of small claims court (assuming that the value of damages claimed is within your court's limit for small claims, of course), versus your harm. You may find that it is worthwhile to settle instead.

If you need legal advice, contact an attorney. Also, further legal information can be gathered at your local law library. Law librarians are usually very helpful.

Answer 2

You have no recourse. Take the 20% and run with it. If they take you to small clames court you will be made to pay, and probably the full amount plus court costs unless you can provide a garantee that it would be recieved befor christmass. They will just try and blame the delay on the postal service that is always running late during the holiday season.

Answer 3

Look into what kind of policy they have regarding delivery date. Did they tell you that it would be there by Christmas? They should give you a refund on shipping. I think that taking the $25 on next order isn't a bad deal if they have something else you might be interested in.

Answer 4

You are inquiring about a CIVIL issue and need to either contact and attorney or go to small claims court at your local court house!

Best wishes!

Answer 5

So what the feck is your problem, take the 20% off and pay the rest and never order from them again.

By the way, ordering paintings for people is just not cool. People liketo decoratetheir own homes.