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No work and no refund

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dappledandy

Junior Member
This involves a transaction with an online company based in Georgia. I'm in Ohio.

On April 12, 2005, I paid an online company a $500 deposit to perform a direct-mail campaign. When they failed to meet their own estimate for preparing a two-sided postcard for printing, I cancelled my order and requested a refund.

Although they performed no appreciable work, they claim their policy is not to refund deposits. No that it matters legally, not only did they fail to deliver the proof on the date they estimated it would be ready, the graphic artist failed to return my phone call nor respond to an email.

My expectations were reasonable. They had four business days in which to prep my artwork, which required only substituting the print-quality versions of two photos in place of the low-resolution copies. These photos were part of the company’s library of stock photos.

It was very important to my business that this service be performed in a timely manner.

I signed NOTHING, nor was I verbally informed that the deposit was non-refundable.

This company, “GetMembers.com,” is located in Georgia.

I’ve received no response to my last two inquiries concerning the refund. What legal recourse do I have?

Terry Duschinski
[email protected]
 


djohnson

Senior Member
When you were verbally given the estimate and agreed, did you ask about what happened if they didn't meet it? Did they guarantee it would be done by such and such date? If so what was the consequesnces?
 

dappledandy

Junior Member
No, I did not nail down terms. I was rushing to get my business launched. They said they needed $500 deposit to proceed. They specified that proofs of the artwork would be completed Monday, which did not occur.
 

dappledandy

Junior Member
In what court would I file such a suit? Small claims? Common pleas? Can it go before a mediator?

Thanks for info.

TD
 

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