Seller changing shipping term after I paid him

[DavidBArisaac]

Hi

Firstly, I apologize for my English in advance, I'm still practicing.


I got a problem with the company Purism, from who I bought in July a laptop (1490$) in Pre Order that must be sent beginning of Q4 ( from what they wrote)
I got in contact with their support, and since September they are changing every time shipping month... ( I got 6 different mail saying laptop will be sent at different precise date each time)
The FAQ said that they refund only as soon they start shipping the pre order, but If it was write that they were shipping it in February I would never sent them money in July ....

I feel scam, and more because I payed them in bitcoin


my question is, is it legal in USA to change the conditions after the customer pay ?
I mean, if it say it will be send early Q4, they must respect that or refund no ? As of course I will never hold 1490$ like that .....

I want sue them to court but first I would like your point of view on it
Also, can I get refund in BTC with the exact amount I sent them 7 month ago ?


Thx

 

[adjusterjack]

I see that they are in San Francisco and have a pretty fancy website. I did not get any negative impression and the company and its products seem popular on the internet.

I did not go any further than that so whether you can win a lawsuit depends on the Terms of Service that you agreed to when you placed your order.

Frankly, if the delay was caused by the Covid19 pandemic (likely) the company would have a potentially good defense against a lawsuit, if you could even get the lawsuit going. Courts are backlogged as well.

I doubt that you have any written guarantee of a shipping date, probably just an estimate.

The other issue is where are you? You would likely have to sue in San Francisco where the company is. If you are far away it would cost you in travel and lodging, expenses that you don't get back even if you win.

Sorry, but you might just have to wait it out.

 

[bcr229]

If you look at /r/Purism/ on Reddit you are not the only customer complaining about slow shipping times.

Whether or not you can get a refund is up to the company since you paid in bitcoin, there's no buyer protection.

 

[DavidBArisaac]

Hi


Thanks for your quick answer
I flight to SF but they dont want me to come to their office

Basically in July the website said : Laptop will be shipped early Q4
Im French, and tbh I didn't understand what's mean Q4 also I will never even send them money in July. But that's my fault, so I waited till early Q4.
I sent them an email, and then I got precise month of shipping each time.
So October, then November, then December, then January ..........
When I asked for refund, they told me that they will only as soon pre order will be shipped, and that's what the policy said actually

But I mean, changing each time of shipping date is kind of scamming no ? They can do that forever then ?

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[Taxing Matters]

Frankly, if the delay was caused by the Covid19 pandemic (likely) the company would have a potentially good defense against a lawsuit, if you could even get the lawsuit going.

I disagree. When it comes to internet, telephone, and mail sales orders, sellers must comply with the FTCs order merchandise rule, also known as the 30 day rule. See the FTC merchandise order rule guide for businesses for the details of what internet & other mail order businesses are supposed to do. Under that rule, if the seller cannot timely deliver the product within the time promised it must notify the customer of that and provide a refund if the customer does not consent to delayed delivery.

Moreover, the OP made the purchase in July, which was well into the time California had Covid restrictions. The company should have known then what impact that was having on its business and adjusted delivery deadlines to address it. Thus, even without that federal rule, I don't see the company having a good defense based on covid. At that time it was no longer an unforeseen circumstance that they could not have planned for.

 

[DavidBArisaac]

I disagree. When it comes to internet, telephone, and mail sales orders, sellers must comply with the FTCs order merchandise rule, also known as the 30 day rule. See the FTC merchandise order rule guide for businesses for the details of what internet & other mail order businesses are supposed to do. Under that rule, if the seller cannot timely deliver the product within the time promised it must notify the customer of that and provide a refund if the customer does not consent to delayed delivery.

Moreover, the OP made the purchase in July, which was well into the time California had Covid restrictions. The company should have known then what impact that was having on its business and adjusted delivery deadlines to address it. Thus, even without that federal rule, I don't see the company having a good defense based on covid. At that time it was no longer an unforeseen circumstance that they could not have planned for.

Thanks for that, but the delay came from themself as "they were not happy with the product"

Not even covid excuse

 

[DavidBArisaac]

Im in SF now and honestly if I can sue them I will do it, Im just waiting to have your point of view first

 

[Taxing Matters]

Thanks for that, but the delay came from themself as "they were not happy with the product"

Not even covid excuse

Then read the information from the FTC at the link I gave you. If the company did not comply with what that publication says the business must do then you would appear to have a good legal claim against the company and you could complain to the FTC about the violation, too. You can make the FTC complaint online.

 

[DavidBArisaac]

Then read the information from the FTC at the link I gave you. If the company did not comply with what that publication says the business must do then you would appear to have a good legal claim against the company and you could complain to the FTC about the violation, too. You can make the FTC complaint online.

I did it thanks u

Can I still sue them ? or is it like that than u sue a company ? visa this website

 

[adjusterjack]

Thanks for that, but the delay came from themself as "they were not happy with the product"

Would have helped if you had revealed that in your first post. GIGO.

 

[quincy]

Hi


Thanks for your quick answer
I flight to SF but they dont want me to come to their office

Basically in July the website said : Laptop will be shipped early Q4
Im French, and tbh I didn't understand what's mean Q4 also I will never even send them money in July. But that's my fault, so I waited till early Q4.
I sent them an email, and then I got precise month of shipping each time.
So October, then November, then December, then January ..........
When I asked for refund, they told me that they will only as soon pre order will be shipped, and that's what the policy said actually

But I mean, changing each time of shipping date is kind of scamming no ? They can do that forever then ?

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As a note, David, your “screen” links were removed because of the identifying information included on the screens. It is not smart to use real names on this forum, especially when you are considering filing, or you are involved in, a lawsuit.

 

[doucar]

I would make the demand for a refund citing the FTC rule and give them a deadline to respond. Suing now, would probably take 6 months to over a year to get to court, given the covid restrictions in California as they affect the courts. They are not even scheduling civil suits now.