Recieved something different than what I ordered. Now what? Please help!

[taxibitte]

Here's my problem, hope someone can help!

1. Bought item from an online website. Spoke with person over the phone and ordered specific size. Said it would be shipped from another State and altered to fit me. Paid extra money for the alterations.

2. Paid for item over the phone, did not sign any paperwork/visa information was given over the phone also.

3. Item sent was not the correct size, and the alterations were done very poorly. Now have in writing that the item is not running true to size, and that is why a size larger was chosen. Now am told that the company, who I bought it from, does not even carry the size I ordered!

It says "No refunds" on the website, but it also says that the item comes in the size I ordered it in. Also, I checked with the company that produces the item, and it tells me that the sizes run true to size.

I have in writing from the person who I bought the item from, that the item does not run true to size, I also have pictures of the poor alterations. Also, this is an item that cost me over $3000.00 plus over $400.00 for alterations..

I have sent the item back, after taking pictures, and am now being told I can "exchange" for something else. Also that I will not get a refund for the alterations or the product. That I now have in-store credit. I am planning on stopping the charges to my credit card. I called my credit card company and they said that I can. What can I do? Am I o.k. in stopping the payment on my credit card? Should I go to small claims? The article is in another state, so would I be able to file a small claims case in my state? Anyone have any advice? Please help!


I have in writing from the person who I bought the item from, that the item does not run true to size, I also have pictures of the poor alterations. Also, this is an item that cost me over $3000.00 plus over $400.00 for alterations..

I have sent the item back, after taking pictures, and am now being told I can "exchange" for something else. Also that I will not get a refund for the alterations or the product. That I now have in-store credit. I am planning on stopping the charges to my credit card. I called my credit card company and they said that I can. What can I do? Am I o.k. in stopping the payment on my credit card? Should I go to small claims? The artical is in another state, so would I be able to file a small claims case in my state? Anyone have any advice? Please help!

 

[TheGeekess]

They have the item back, stop payment via your credit card company. You'll have your money back.

 

[las365]

Just curious. Was this a wedding dress?

 

[taxibitte]

No, it was not a wedding dress. The fellow has been very evasive when I've asked him questions, and now realize, he thought he had a really easy sell. The item that was ordered came modified without ever being tried out for size or fit.. It was not an auction, but from a very high class looking website, where it looked like he was a qualified rep/dealer for the company. All the research seemed to say he was a reputable person. NOT.

 

[cvdesign]

Item sent was not the correct size, and the alterations were done very poorly. Now have in writing that the item is not running true to size, and that is why a size larger was chosen. Now am told that the company, who I bought it from, does not even carry the size I ordered!

With all due respect, how in the world can you order an item with alterations online, without ever having face-to-face contact with an alterer/tailor and expect it to fit correctly?

I am of course, assuming that this is a clothing or accessory item.

I've done professional dressmaking (wedding, special events, etc) for a few years (a long time ago) and it's HARD and requires several face-to-face meetings to get the right measurements, ease in the garment, etc. I just cannot see, whatsoever, getting clothing alterations done without ever having the alterer do their own measurements in person.

Is it possible that you may have munged up the numbers? Perhaps fudged a tiny bit? Misunderstood WHERE to measure (VERY common mistake -- the "waist" doesn't necessarily mean where your pants sit on your body)?

Not trying to blame you ... just trying to figure out what happened ...

 

[cvdesign]

They have the item back, stop payment via your credit card company. You'll have your money back.

BAD advice in this case. Custom or custom altered garments are not something that you can simply ship back and expect that the transaction is canceled. Doing so, if the dressmaker/alterer decides to pursue it, more than likely will result in going to court and a judgment placed against him/her.

I dabbled in haute couture dressmaking for several years -- and have several friends who do it professionally, still. Many of them have been in this position (client deciding for whatever reason, not to pay) and each of them have taken the matter to court and WON.

Whether or not this would apply to an online situation, I wouldn't know. The blame could easily be assigned to the OP (didn't take correct measurements, gained or lost weight AFTER the garment was made/altered). In that case, how fair is it to deprive the dressmaker/alterer of compensation for their work if it's the client's mistake (IF it is)??? That item cannot be sold to anyone else.

And as for the OP's statement of "poorly done" you'd be surprised what haute couture garments look like on the inside -- they look BAD. The purpose isn't to have the insides pretty, it's the OUTSIDE that counts.

 

[las365]

It might help if OP would say what the item was instead of being mysterious about it.

 

[TheGeekess]

OP for some reason edited her post that stated item name. It was not clothing, however. I believe it was horse tack of some sort.

 

[taxibitte]

Yes, you are right. It was a saddle. And even with saddles, it would be "normal" to try the saddle first, then have it altered. However, the seller was so sure it would fit (and it might have in the size ordered) that he had it done first, charged it also to my card, and sent the saddle, in a size larger to me. So no, it is not normal in this situation either, in my opinion.

 

[cvdesign]

Yes, you are right. It was a saddle. And even with saddles, it would be "normal" to try the saddle first, then have it altered. However, the seller was so sure it would fit (and it might have in the size ordered) that he had it done first, charged it also to my card, and sent the saddle, in a size larger to me. So no, it is not normal in this situation either, in my opinion.

Ah ... I'm sorry. I thought we were talking about garments/accessories for TWO footed critters, not FOUR!

I've bought a saddle or two in my time ... but never online. But then, I bought saddles before there even WAS internet!!

I wish you luck!!!!

 

[moburkes]

THIS FORUM IS FOR QUESTIONS ABOUT U.S. LAW ONLY
When posting a question, you must include the name of your state!

 

[taxibitte]

I live in California.. saddle was shipped from a different state. Not out of the country..