"book & tape club" contract

[dneknp]

What is the name of your state? ca

is there any law on the books which states that a consumer can cancel a "purchase agreement" that they signed stating that they would purchase a certain number of books, tapes or videos which would come in the mail periodically?

i've refused to accept any more tapes from the company and they are charging me 3/4 of the total amount had i bought all of the tapes, and have put a derogitory item on my credit.

i have paid for all of the tapes that i kept.

help!

 

[HomeGuru]

What is the name of your state? ca

is there any law on the books which states that a consumer can cancel a "purchase agreement" that they signed stating that they would purchase a certain number of books, tapes or videos which would come in the mail periodically?

i've refused to accept any more tapes from the company and they are charging me 3/4 of the total amount had i bought all of the tapes, and have put a derogitory item on my credit.

i have paid for all of the tapes that i kept.

help!

**A: please post the section of the contract requiring you to make the required purchases.............

 

[dneknp]

contract verbage

The bad news: here's what it says:

"liquidated damages. At living scriptures' election, buyer shall pay to living scriptures, in addition to the amounts due for mervhandise received by buyer, liquidated damages for the amounts to become due for merchandise ordered but refused by buyer in an amount equal to three-fourths of the amount to become due for merchandise ordered but refused by buyer. buyer acknowledges and agrees that the amount which may be recovered as liquidated damages, as provided herein, is a reasonable estimate of the damages which living scriptures would suffer as a result of buyer's refusal to accept the merchandise ordered but refused by buyer, and such amount is not being imposed as a penalty."

slimey eh?

 

[JETX]

"slimey eh?"
*** Not really. The real problem is that, by signing the agreement, you agreed to abide by that clause..... and now seem to want to breach it without the risk of 'penalty'.

Your choice: Either comply with the agreement you signed, or accept the consequences of its breach.