Mail Order Sales - Smail Claims

[jpont88]

What is the name of your state? NY

How does the law cover mail order sales/telephone sales ?

I purchased an item (palm tree) via phone recently. I am not satisfied with the quality.

The tree was shipped to me damaged (I have photos). The company refuses to refund 100% of my money
paid and wants to charge a 35% re-stocking fee.

What recourse do I have ? Can I sue them in NY Small Claims court?

Since they sell in NY, does NY Small Claims have jurisdiction ?

If not, what are my other options ?

 

[coosi]

Regarding jurisdiction, see if this helps

http://www.nolo.com/lawcenter/ency/article.cfm/objectID/159381D6-E3A3-4B65-B24392EF8F06E693/catID/8F965511-320B-429E-AFF92326E148C549

Site (NOLO) also links to small claims info, etc.

 

[JETX]

Did you pay by credit card. If so, dispute the bill.