M
mommygimme
Guest
I'm having a dispute with Lifetouch Portrait Studios concerning end-of-year photos taken of my children which I did not order. When the order form was originally sent to my home, I was under the ssumption that not sending in any money would indicate that I did not wish to make the purchase. The way that Lifetouch chose to interpret the gesture was that I wanted ALL of the portraits and that I simply wished to pay for them upon receipt. My children are 6 and 7 years old, and these packages were given into their hands without my knowledge. Upon discovering that there were photo stickers in the packets, my daughters proceeded to decorate every flat surface in sight. They exchanged photos with their friends. They came home and gave portraits to their babysitter. By the time I got home that afternoon, two $40 packets of portraits had been reduced to a couple sheets of wax paper and the 8x10's they had scotch taped to their individual bunks lest they suddenly forget where they sleep. I was furious at Lifetouch for A.)sending them despite the fact that I hadn't ordered them, and B.)delivering them to my children without my prior knowledge. "Don't open up your picture packets until Mommy comes home" is one of those little admonitions you don't think to deliver until the situation presents itself (rather like the "don't brush the dog's teeth with your brother's toothbrush" conversation you wish you'd had ahead of time). I wrote Lifetouch a letter telling them how angry I was, the fate that had befallen their $40 portraits (I didn't even go into what I thought of their outrageous prices) and that since their product was unsolicited on my part and entrusted to young children on their part, I was going to consider the portraits as gifts. I thanked them kindly. Three months have gone by, and I have just received a letter from the district manager stating that I either have to pay or return the portraits. Returning them is obviously out of the question, as I had made clear in the original letter I sent them. I absolutely refuse to pay. Do I have any rights in this matter? What are THEIR rights? I am a resident of Hawaii, and the law is pretty clear concerning these matters over there, but I currently reside in Texas. Thank you in advance for your time.