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Q: purchasing order ( Answered,   0 Comments )
Question  
Subject: purchasing order
Category: Miscellaneous
Asked by: mayaleah-ga
List Price: $2.00
Posted: 12 Nov 2003 15:41 PST
Expires: 12 Dec 2003 15:41 PST
Question ID: 275253
I make jewelry to order. A gallery ordered 4000 dollars worth of
jewelry from me to be paid upon delivery. However, when the package
containing the jewelry was sent to the gallery (after I notified them
over the phone of the cod amount and got an ok to send it), it was
refused and returned to me. I called the gallery a few times, but it
seems that the owner is avoiding me and will not return my calls. I
want to add that the order was delivered by the time requested and
also, since the owner asked to be exclusive in the area, my losses are
even greater since I could not sell to other stores in the area. What
are my options? Any legal recourse or small business court? I am in
Atlanta, GA and the gallery is in  Charlotte, NC.
Answer  
Subject: Re: purchasing order
Answered By: politicalguru-ga on 12 Dec 2003 08:16 PST
 
Dear MayaLeah, 

I am sorry for the problems you have experienced. 

Before I continue, let me quote Google Answers' general disclaimer in
such cases: "Answers and comments provided on Google Answers are
general information, and are not intended to substitute for informed
professional [...] legal [...] advice.".

Your first resort, after contacting the business, is to contact the
Better Business Bureau. You could find information on the BBB
complaint, as well as download forms, at "BBB OnLine Complaint System
"  <http://complaints.bbb.org/Welcome.asp>.

Legal Aid GA <http://www.lawhelp.org/GA/> is a site for free legal
information. You could find information about business related lawyers
who work pro-bono, for percentage of repayments, etc. in their site:
<http://www.lawhelp.org/GA/StateChannelResults.cfm/County/%20/demoMode/%3D%201/Language/1/State/GA/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/1/iProblemCodeID/1030100/sTopicImage/consumer%2Egif/iTopicID/444/iChannelID/53/bAllState/0>
(Sorry for the long link. I found it by browsing their site, choosing
their section of business problems, and then, after choosing a
sub-category, I could choose "find a lawyer").

You could complain to the BBB with or without a lawyer, and I think
that you express yourself perfectly clear, so in my humble opinion,
you don't need a lawyer if you choose a complaint at the BBB.

You could also try to sue to small claims court. Please note, that if
you start with legal processes, you cannot appeal to the BBB - they
won't handle it ("The complaint is not in litigation and has not been
resolved by a previous court action, arbitration, or settlement
between the parties;" - from the site mentioned before).

Here are few tips and instructions on going through the process of
Small Claims Court, from NOLO
<http://www.nolo.com/lawcenter/ency/category.cfm/catID/FCE46694-6BEB-4A80-89B9048DA9877F61#D80CF756-DBF6-432D-B625E7D1A29183D0>

NOLO also have information for you on how to work with a lawyer:
http://www.nolo.com/lawcenter/ency/category.cfm/catID/FCE46694-6BEB-4A80-89B9048DA9877F61#5E10B05C-0E34-4163-AA0E91B20078842A

I hope this answered your question. Please let me know if you need any
clarification on this answer before you tip/rate it.

Good luck!
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