restocking fee for hardwood floor purchase

This is a discussion on restocking fee for hardwood floor purchase within the Consumer Law Questions forums, part of the Legal Questions & Answers Forum category; Hi,I would appreciate any kind of comments & advice. This is about the hardwood flooring purchase.I looked at the hardwood flooring at 'W' store on couple of weeks ago, and ...

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  1. #1
    Jae
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    restocking fee for hardwood floor purchase

    Hi,I would appreciate any kind of comments & advice.

    This is about the hardwood flooring purchase.I looked at the hardwood flooring at 'W' store on couple of weeks ago, and chose one and made an order ($5500) on Mar 8 on the phone. The store manager asked my credit card number for deposit of $100, so I gave it to him. He emailed me an invoice to sign and I called him and said I will stop by to drop off the check on Mar 10.

    On the way to the store on Mar 10, I stopped by another store and found what I liked better. I went to the 'W' store and said I wanted to cancel the order. The manager said I can't cancel the order because the woods left the warehouse and there will be restocking fee (25% of the purchase price) as written in invoice. I thought the order goes through either when I pay, or when I sign the invoice.

    I started explaining that I thought the order wouldn't be processed until I sign the invoice, the store manager told me he has all the recordings of our voice conversation. Am I responsible for the restocking fee if it was written in invoice, even if I didn't sign it? Is the situation favorable to him if he has recordings of me making order and saying I will drop off the check?This is big investment for me and I wonder how I could solve this.

    Last edited by Jae; 03-13-2012 at 05:27 PM.

  2. #2
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    Yes. You agreed to the contract. Enforcement might be difficult on their part, however, small claims court will be more liberal to them than regular courts. I suggest you just complete the order, or risk the fee.

  3. #3
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    Did you know the conversations were being recorded? There may be a violation of some law there. Generally you would not be responsible for the restocking fee because you didn't sign anything but it may be different here if what you ordered was custom and had to be custom made as per your specifications?
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