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Old 08-06-2009, 06:00 PM
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Join Date: Aug 2009
Posts: 1

Phone Purchase Texas / Wrong Item


Hello,
I recently bought an item via phone which was delivered in the wrong color. I specifically asked for a tan color because I wanted the item to replace an old item which I have in that same tan color (I had called other stores before) The sales person went back to the warehouse to check. He came back on the phone said, "we got it, is the color tan". I said I'll take it.
Now the item arrives and the color is black instead of tan.
The vendor accepts to take it back but does not want to reimburse me the $19.99 shipping, nor the return shipping costs. Also he offers to credit me a $15 restocking fee to future purchases.
My point of view is: He did not send me the item I ordered and I don't want to pay for any shipment nor any restocking fee.
The store actually changed it's opinion to: They always come in that color so you should know. However, as I said: I have the item in tan. Now the store threatens to not even take it back and refund me at all.

I know the sales persons name but of course will have difficulties proofing that he ran back to check and came back and confirmed the color tan.

My question: Does anyone know the TX rules for returns of wrong items which were purchased over the phone.

And, even if i can't proof what we discussed on the phone (is there any regualtion on that situation??), what would be the regular return policy in TX on items purchased over the phone?


Thanks so much for your help and opinion.
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