What is the name of your state? California
Here it goes: On Thu. May 19 some young people came in my home and sold me a Kirby Vaccuum Cleaner for
1350.00 AND the trade in of my Eureka upright which they took. That night after talking to my husband, I changed my mind. There is 3 day cooling off period. I sent in my cancelation notice, got a return receipt from the post office saying they received and accepted my notice on Mon. May 23. I will now type in the cancelation contract and explain what happened.
---"You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned withen TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale: or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, than you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, any other written notec, or send a telegram to: (gives address)" ---
So, anyway within the first 2 weeks I called 7-8 times, "please bring my vaccuum back, get the Kirby" even once offering to drive the 40 miles to deliver it. I never got a straight answer and was told someone would call me back. I NEVER got a phone call back. My credit card was never charged though, and after 10 days I closed my account, worrrying they would still try to charge it. I still don't have my vaccuum back. One of the girls showed up at my home yesterday, Thursday June 16, unannounced to get the Kirby back. I said, "I want my vaccuum". She calls her boss and offers, "can we take the Kirby today and arrange to get you you vaccuum back later". I'm thinking you guys won't even return a call, "No", I say. She writes down the description of my vaccuum making it sound like it will be hard to find in their warehouse. Says now her boss can't sell it as new (I never used it) and writes down that I can now just pay 995. I said no. And she left.
Here's my questions:
1)Did my calls, notice and initiation constitute me making the "goods available"
2)It's way past the 10 days to return my trade in. If I don't get it back am I entitled to keep the Kirby?
3)what if they offer me a different vaccuum, a hoover, say, and I just want mine back. Do I have to take it?
4)When is that 20 days up of them "failing to" pick up the merchandise and can I just say, "It's mine now." For example is "20 days" different from "TEN BUSINESS DAYS" as stated in the cancelation notice? Can you help me calculate those dates?
Here it goes: On Thu. May 19 some young people came in my home and sold me a Kirby Vaccuum Cleaner for
1350.00 AND the trade in of my Eureka upright which they took. That night after talking to my husband, I changed my mind. There is 3 day cooling off period. I sent in my cancelation notice, got a return receipt from the post office saying they received and accepted my notice on Mon. May 23. I will now type in the cancelation contract and explain what happened.---"You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned withen TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale: or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, than you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, any other written notec, or send a telegram to: (gives address)" ---
So, anyway within the first 2 weeks I called 7-8 times, "please bring my vaccuum back, get the Kirby" even once offering to drive the 40 miles to deliver it. I never got a straight answer and was told someone would call me back. I NEVER got a phone call back. My credit card was never charged though, and after 10 days I closed my account, worrrying they would still try to charge it. I still don't have my vaccuum back. One of the girls showed up at my home yesterday, Thursday June 16, unannounced to get the Kirby back. I said, "I want my vaccuum". She calls her boss and offers, "can we take the Kirby today and arrange to get you you vaccuum back later". I'm thinking you guys won't even return a call, "No", I say. She writes down the description of my vaccuum making it sound like it will be hard to find in their warehouse. Says now her boss can't sell it as new (I never used it) and writes down that I can now just pay 995. I said no. And she left.
Here's my questions:
1)Did my calls, notice and initiation constitute me making the "goods available"
2)It's way past the 10 days to return my trade in. If I don't get it back am I entitled to keep the Kirby?
3)what if they offer me a different vaccuum, a hoover, say, and I just want mine back. Do I have to take it?
4)When is that 20 days up of them "failing to" pick up the merchandise and can I just say, "It's mine now." For example is "20 days" different from "TEN BUSINESS DAYS" as stated in the cancelation notice? Can you help me calculate those dates?