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3 Day Cooling off period

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Simpson84

Junior Member
For Georgia

I am having a problem getting a door to door sales company to honor the 3 Day Cooling Off period for meat that was purchased. After looking up their information online I left a message about canceling and also sent an email.

They never contacted me so I called them. The owner answered and said that BOB was my salesman and he would have him contact me about refund and return of merchandise. Bob was off so I would get a call the next day. I received no call. I called them the day after several times and was sent to voicemail. Finally I get BOB and he tries to arrange to exchage. I told him that is not what I wanted all i want is a refund and I am within my rights under law to receive one. He said that he doesnt know of such law and he opperates under USDA standards .... He in the end says he will ask his boss. Never heard back.
I call and speak with the boss/owner. At first he says he does remember our conversation. Then that they do not do refunds ... Grills me on why I do not what the product ... then brushes me off saying BOB is an independant contractor and will have him call me. I also offered to email him both ga law and Dept of Agri. site stating the law in which he refused.

I do not have a receipt and wrote a check. On the check memo I stated the company that the money was going to and for what.

What would be you suggestion
 


swalsh411

Senior Member
Under GA law, the cooling-off period only applies if there is a written contract AND you canceled by mail. What sort, if any, "contract" did you sign?

It sounds to me like you made a purchase vs. signing a contract and so the cooling off period does not apply. Instead, you are bound by the terms of the merchant's return policy just like you would be if you walked into their store.

Also, assuming for a minute you can cancel (which I doubt), you must do so in writing. Telephone calls don't count.
 

Simpson84

Junior Member
I also notified them via email. This company has given me no contact information .. what I have is what I looked up online. There was no contract signed you are correct. But my question is just because there is no contract signed does that make it legal? My thinking is that it still is not legal and legally there was supposed to be a contract (but obviously I may be wrong)
 

swalsh411

Senior Member
You don't need a contract to make a purchase. Do you sign a contract when you buy a coffee from 7/11? The 3-day cooling off period in GA applies to contracts, and if you don't have one then it doesn't apply. (the term "contract", depending on context, can mean any agreement entered into by two or more parties, but that's not the relevant definition here).

You bought some meat from a door to door salesman. You did not enter in a contract which you have the right to cancel within 3 days.
 

Simpson84

Junior Member
Ok let me rephrase my question...

I sell stuff as well and would be considered a door to door sales person. We have contracts and stuff... If I sell something and just dont give them the form they still have a right to cancel? or is is just considered a purchase?
(I am really confused)
swalsh-thank you for answering btw :)
 

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