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Declined wallpaper

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J

Jonas Mire

Guest
I live in Rayne, Louisiana and went into a wallpaper store and purchased 2 rolls of wallpaper that were very reasonably priced. A few weeks later I decided to put border in my kitchen/dining/living room and returned to the store. I ordered the border and the price was not discussed by myself or the retailer. I figured if the wallpaper was affordable that the border would not be more expensive. However, when it came in the store manager called me and told me that it had arrived and the total bill was $171.76. I almost laughed out loud (if you'd see my apartment how small) and asked if he was kidding. He said no and I told him that there was no way I could afford that, yet I offered to pay his shipping and handling charges for the trouble he went through which would be $15.00. He then informed me that he would call me back with the amount of how much I owed him. When he did, his total was $41.73 and said he had to charge me 20% of the total sale price. I did not agree to pay this and nor did I sign any contract or disclosure statement that revealed I would have to pay this if I changed my mind. Now he is suing me for merchandise purchased and not paid for. Can you tell me what the law says regarding this matter and do I have a legal leg to stand on?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You are right you didn't sign anything. You were good to offer to pay shipping and handling. But......is this a specially made item? Hard to sell? Would owner have to mark down cost to get rid of product in timely manner so shelf space isn't sacrificed? If so, he detrminentally relied on your order and he deserves more than shipping and handling. How much more -- I don't know.

You should never have ordered without the price being set. See what happens in court. Court may order you to pay less than that for which he is suing.
 

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