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Can a retailer take a deposit that was placed toward a part.

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Phoenix18

Member
Washington State:

I purchased an item at a retail store that has a special order policy stating that all special order purchases must be picked up within 30 days of me receiving notification of my special order arrival to the store. If I do not arrive within 30 days, I forfeit my deposit. I have several questions about this though that I cannot find online.

Can this apply if they do not talk to me directly but only leave a voicemail or an email?
Can they legally take my deposit if I cannot make it to the store within 30 days?
Does this still apply if my phone number has changed and I never received the phone call?

**The last is an unlikely situation with myself, but I just want to make sure**

Thank you for the time.
 


Zigner

Senior Member, Non-Attorney
1: Yes
2: Yes
3: If you changed your number and didn't let them know, then probably yes.
 

xylene

Senior Member
It behooves you to follow up regularly with this store to maybe not due business with them if you cannot make it to their location in 30 days.
 

Whoops2u

Active Member
http://app.leg.wa.gov/RCW/default.aspx?cite=62A.2-503
Manner of seller's tender of delivery.
(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him or her to take delivery. The manner, time and place for tender are determined by the agreement and this Article, and in particular:
(a) Tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but
(b) Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.
(2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.
(3) Where the seller is required to deliver at a particular destination tender requires that he or she comply with subsection (1) of this section and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.
(4) Where goods are in the possession of a bailee and are to be delivered without being moved:
(a) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but
(b) Tender to the buyer of a nonnegotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9A of this title, receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.
(5) Where the contract requires the seller to deliver documents:
(a) He or she must tender all such documents in correct form, except as provided in this Article with respect to bills of lading in a set (RCW 62A.2-323(2)); and
(b) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
 

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