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Am I entitled to a refund?

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gfarren

Guest
I purchased bowling ball at the pro shop where I bowl. The shop advertised a "grand opening special" of a "ZONE" ball "Dexter" shoes and a bowling bag for $100. Before I made the purchase, I asked the pro is "ZONE" made more than one type of ball and was told or led to believe no. I told the pro I purchased a "ZONE" ball a few years ago and paid about $189. for it, so this sounded like a good deal. I showed him my old bowling ball and he weighed it and took some measurements from it.
I agreed to purchase the ball. He then drilled the holes in about 15 minutes and I took it. I did not take delivery of the shoes or the bag.

When I used the ball for the first time, it took a chunk of skin from my thumb after bowling 1 game. I then switched back to my old ball.

After that I started to feel angry and planned to take the ball back because it was either defective or the pro provided poor workmanship drilling the holes. I later discovered that the ball I received was an "Attack Zone" Ball and that "ZONE" does indeed make several different bowling balls.
I also discovered that the "Attack Zone" ball is for beginners, costs $50. elsewhere and is a step down from what I was using.

I feel like I've been deceived and injured. The injury is very minor but nevertheless, it bled and hurt at the time. It is still healing, although it has not affected me otherwise.

When I took the ball back to the shop and asked for a refund, the pro stated that he does not issue refunds on sale items. When I showed him my thumb, with the chunk of skin missing, he simply stated that he could fix the ball so it would not do that any more. I stated that I felt that because I had the thumb injured and because I felt a victim of misleading advertisement, I would not settle for less than a refund. He told me to come back later because he was busy with other customers and he would work something out with me.

My question is this:
Am I entitled to a refund if that is what I want or will I be forced to continue doing business with him? I feel that he had a misleading advertisement, misled me, and either gave me a defective product or provided me with poor workmanship and preparing the bowling ball for my use. I purchased this with a credit card and I know I can dispute the charge when it comes due; but, I would like to know if I have any legal grounds for getting a refund credited back to my account and going elsewhere for my bowling needs.

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Jerry F
 


JETX

Senior Member
First, you didn't play by the rules here (INCLUDE YOUR STATE IN ALL POSTINGS), so my response is general in nature!

Based on your message, I don't believe that you have a legal right for a refund. A merchant is not required by law to offer any refunds, but will normally do so as 'good customer relations'.

I would suggest that you:
1) Return to the merchant, discuss the situation maturely and without anger. Advise him that you feel mislead in the quality of the merchandise and ask what he can do. If this doesn't work, then
2) Write the merchant (address to the owner, not a salesclerk) and request a review of your transaction. Then if not satisfied, dispute the credit card transaction. Send them a copy of your letter to prove that you attempted resolution with the merchant (that is one of the requirements of a credit dispute).

Finally, you really can't blame the quality of the bowling ball on the salesclerk. You are responsible for your purchase (Caveat Emptor) and should have confirmed the quality of the "Zone" and not just left it to 'implication'. (BTW, according to Brunswick, there are at least ELEVEN different types of Zone bowling balls. The Attack Zone Urethane goes for about $55, the resin about $60.) http://www.brunswickbowling.com/consumer/products/line.cfm?line_id=1


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!
 
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gfarren

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by gfarren:

When I used the ball for the first time, it took a chunk of skin from my thumb after bowling 1 game. I then switched back to my old ball.

because it was either defective or the pro provided poor workmanship drilling the holes. .

I feel like I've been deceived and injured. The injury is very minor but nevertheless, it bled and hurt at the time. It is still healing, although it has not affected me otherwise.


<HR></BLOCKQUOTE>

Sorry. I am from California.

Thanks for the response. Could you address the skinned thumb? If the ball is not defective, then, wouldn't that have been caused by poor workmanship in drilling the thumb hole?

How can I trust that this won't happen again in working out a solution short of a refund and taking my business elsewhere?

There is an old saying: "Fool me once, shame on you. Fool me twice, shame on me."

Thanks for your consideration.




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Jerry F
 

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