canceling her check she sent the wig back, I told her the sale was final and when the post office sent the money order (because it was cash on delivery and she couldnt cancel) I told her I would send the item back if she would give me the address again but she refused and said she would file charges for mail fraud, can she do this? what are my options
2007-08-15 12:48:04 · 8 answers · asked by tracystacy 2 in Politics & Government ➔ Law & Ethics
how clear were the 'all sales final' on the site.. ask for a lawyers opinion.. you might need to defend.. if its custom wigs.. style/color for specific clients.. then you wont have a problem.. shouldnt..
speak with a laywer though
2007-08-15 12:56:09 · answer #1 · answered by jeselynn_81 5 · 0⤊ 0⤋
It depends. When she purchased the item, did the listing explicitly state that it was an 'as is' product or that all sales were final? If that was stated on the item listing or during any correspondence then you are safe. How are you contacting her? If it is via e-mail then be sure to send an e-mail to her and yourself that states what you just said, so you have a paper trail and she can't deny that you stated you would send the item back to her. If it is via phone keep your phone record and make a note of what was stated during the conversation - not as good as a hard copy but it will help if you can prove you've spoken with her.
I wouldn't worry about it until she does something.
2007-08-15 13:00:05 · answer #2 · answered by TMH 4 · 0⤊ 0⤋
It was sent C.O.D. That means the customer had to pay the delivery person. If the delivery person did not receive payment they are not allowed to leave the package. If you did not specify cash, you're out of luck.
I have an on line business that is doing well. Payment must be received before anything is shipped. If a check or money order is mailed, nothing moves until they clear the bank. Other methods are Pay Pal and systems like that.
Consider tis a hard lesson learned.
2007-08-15 13:00:30 · answer #3 · answered by Horse 4 · 0⤊ 1⤋
Just don't worry about it. You will waste more money in the shape of your time than you will gain by selling the wig. It just isn't worth the time and energy, find a new buyer.
Even if she does press charges, it wouldn't be for fraud, you are not running a scam operation... the best she could do is harassment but since it is between a buyer and a seller and you are just trying to get here to finish the deal I don't think she has much to argue.
2007-08-15 12:57:58 · answer #4 · answered by Colter B 5 · 0⤊ 0⤋
Unless you LIED, this is not mail fraud. Even if you are legally required to give a refund, it is not mail fraud.
2007-08-15 14:06:01 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
There are no laws regarding refunds...if she feels she was cheated then after an investigation the police may tell her it's a civil matter and she would have to sue you in small claims court...of course she would have to go to your state to do it.
2007-08-15 14:06:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
There is no mail fraud. If you have the money, keep it. You did your part.
2007-08-15 12:58:38 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋
If it was stated in writing that it was a final sale then she has no case.
2007-08-15 12:56:32 · answer #8 · answered by mstrywmn 7 · 0⤊ 0⤋