Do I have a legitimit complaint?

[scottmc]

I recently purchased something from an online vendor. I saw their add on a pricelisting service and called to verify it was the right product and that they had it in stock. Durring the phone call the salesman repeatly reassured me that they had exactly the product I wanted. Thoughout the phone call I was in disbelief and kept asking the salesman if he was sure.

I made my order and waited for it to arrive. The item was not in stock as the salesman had stated but that's ok. It finally arrived and turned out to be the wrong product. My email conformation, online invoice, and shipped invoice all cleary show the exact product that I order. As it turns out the product I ordered hasn't even been released yet. I made my purchase with this company because I believed they had what I wanted. I would have purchased it from somewhere else who's prices were lower if I had known they were not able to provide what I ordered...

I have yet to confront the company on this issues and was wondering what should I do? Better yet, what is in my legal right to ask them to do in order to right this problem?

Sincerly,
Scott MC

 

[JETX]

Legal Right: If you can document all the issues sufficiently to convince a court that you are right and they were wrong, you might be able to return the item and get your money back.

Reality: This is a purchase over the internet and very probably with little (if any) documentation to support your case. Further, the realities of trying to resolve this issue interstate will very probably preclude your taking any legal action to proceed.

Best scenario:
1) You contact them and they agree to a refund upon return. Be sure to get ANY agreement in writing (have them sign and FAX to you) before you send the item back (and send it with PROOF of receipt), and
2) HOPEFULLY, you did this purchase with a credit card. If so, you have some STRONG protection for you... called the FCBA (Fair Credit Billing Act). This Act provides a way for you to dispute the billing as a wrong item and for the credit company to do a 'charge-back' against the merchant. However, you need to read and follow the FCBA to obtain these rights. Read the FCBA at http://www.ftc.gov/ .