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Q: In New York state can I get my money back if it the store Policy say NO REFUND? ( No Answer,   6 Comments )
Question  
Subject: In New York state can I get my money back if it the store Policy say NO REFUND?
Category: Business and Money
Asked by: summerof2008-ga
List Price: $10.00
Posted: 03 Jul 2006 19:52 PDT
Expires: 05 Jul 2006 14:04 PDT
Question ID: 743137
Hi, my name is Jim I left a deposite of 477 for eyeglasses at a local
retail store. I went in for a eyeglass they had on sale for 199.99 but
end up paying a lot more for something I though it was worth getting.
Made the deposite on Jun 28th, suppose to pick up the glasses on July
2nd. But I found out that I cant realy afford something that
expensive, so I called them on the 28th wannting to cancel it. Was
told by the sales person and OWNER get OUT of my
store THERE IS NO REFUND. WROST PART IS I DID NOT EVEN RECIEVE THE
glasses yet. Is there anyway I could get my money back?

Request for Question Clarification by tisme-ga on 03 Jul 2006 20:11 PDT
How did you pay? Cash? Credit Card? Was the no refund policy clearly
displayed? What does the working on your receipt say?

tisme-ga

Clarification of Question by summerof2008-ga on 03 Jul 2006 21:12 PDT
I paid with Credit Card, No refund policy was not written on the CC
recpit.  I am gussing they probly have it posted somewhere in the
store.
Answer  
There is no answer at this time.

Comments  
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFU
From: jbf777-ga on 04 Jul 2006 10:21 PDT
 
You may want to call your credit card company and see if there's any
recourse through their dispute resolution department.

jbf777
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFUND?
From: nelson-ga on 04 Jul 2006 10:54 PDT
 
Call the police.  Since they have not given you the glasses, they've
basically robbed you.
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFUND?
From: pinkfreud-ga on 04 Jul 2006 12:50 PDT
 
I doubt that the police would get involved here. When you put down a
deposit on something, it doesn't belong to you until you finish paying
for it. I don't understand what the customer's figure of 477
represents. Surely not 477 dollars, since that would be much more than
the amount of the purchase.

Deposits are generally forfeited if a customer reneges on an
agreement. Prescription eyeglasses are almost always nonrefundable
deals, in my experience (unless there is something wrong with them).
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFU
From: myoarin-ga on 04 Jul 2006 15:39 PDT
 
I think Pinkfreud is right ("as usual" :-).  A deposit is a
down-payment made to assure that the buyer is committed to the
purchase, and prescription glasses are not refundable.  Perhaps you
can accept the lenses and get agreement that you forego the frames or
buy cheaper ones.
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFUND?
From: bigdavet-ga on 04 Jul 2006 19:11 PDT
 
Call your credit card and make a charge back telling them you did not
receive the goods. The store has no legal obligation to give you a
refund if they stated that they dont give them. However they have a
legal obligation to supply you with either the glasses you purchased
or goods to the value of. If it a well know store kick up a stink go
to local papers or the OFT and they will most likley give you a refund
to avoid bad press
Subject: Re: In New York state can I get my money back if it the store Policy say NO REFUND?
From: hedgie-ga on 04 Jul 2006 23:39 PDT
 
You can go to the small claim court (it is free).

Judge will (probably) consider two aspects:
1) Is the store policy reasonable?
2) What loss did the suffered

If you called same day to cancel, I would say 'no' to 1)
 If glasses were made - specifically for you, chances are that
 you will not get deposit back. Per 2) Loss is full cost of glasses.
 Of course, you are entitled to the glasses.
 If they refuse to deliver, your chances of refund are better.

Of course, you would need a credible witness. 
If you go to pick up the glasses, and they say 'get out' and you can prove it,
judge is likely to order the refund.

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