What is the name of your state? I live in Arkansas, he lives in NJ.
I sold a guy 75 Motorola Razr cell phones. He saw them on eBay, but did not actually purchase them through eBay. He paid me by PayPal e-check. I then put in the order with my supplier, a company that I believe is based in Virginia. These phones do NOT come with any kind of refund policy - but they do come with an exchange program that covers ANY defective phones for 30 days. He was made aware of this program.
A week or two after he receives his phones, he sends me an email demanding that I give him a full refund for all 75 phones - nearly $12,000. He said that he's had all kinds of eBay customer complaints, PayPal disputes, and unhappy customers who have defective cell phones. I informed him that he needs to use the exchange program to get his customers new phones. He refused, basically saying that was too much trouble, and he just wanted to return all 75 phones and get a refund. At this point we were still on good terms, so I agreed to try to help him get a refund from my supplier.
I talked to my supplier, and they agreed to offer him a full refund if he returned all the phones - even though they normally don't do that. He said "Okay" and then disappeared for 3 or 4 weeks. After a week or two, my supplier informed me that since we hadn't heard from him, they were revoking their refund offer.
A few days ago, he e-mailed me and said that he has returned 22 defective phones to my supplier, and he wants an immediate refund **from me** for $3300. A lot of somewhat angry e-mails passed back and forth between us, but I've basically told him that he's not getting a refund and that he will have to use the exchange process just like I did when I had unhappy customers.
Keep in mind that I'm very angry with my supplier as well, because the quality of their merchandise is obviously sub-par. However, they offer the warranty exchange program, which I've had to use upwards of 20 times now. This gentleman has the exact same access to this program that I do, and he's been made aware of it on countless occasions.
So, here's my question. Does he have a case against me? He has threatened legal action if I don't refund his money. I've told him that I don't have his money (which I don't), and that he needs to use their exchange program, which he knew about from the very beginning. If he does actually come to Arkansas from New Jersey and file a case against me in small claims court, will he have a good case? We offered him a full refund, then he disappeared for several weeks. We then told him he can use the exchange program for those 22 defective phones, but he is refusing - he just wants his money back. How will this play out?
I'm thinking he won't have any kind of case whatsoever because A) We offered him a full refund, and he didn't comply within a reasonable timeline and B) we have continuously told him to use the warranty exchange process for the defective phones, and he hasn't cooperated. He just wants his money back.
Thanks in advance!
-JesseWhat is the name of your state?
I sold a guy 75 Motorola Razr cell phones. He saw them on eBay, but did not actually purchase them through eBay. He paid me by PayPal e-check. I then put in the order with my supplier, a company that I believe is based in Virginia. These phones do NOT come with any kind of refund policy - but they do come with an exchange program that covers ANY defective phones for 30 days. He was made aware of this program.
A week or two after he receives his phones, he sends me an email demanding that I give him a full refund for all 75 phones - nearly $12,000. He said that he's had all kinds of eBay customer complaints, PayPal disputes, and unhappy customers who have defective cell phones. I informed him that he needs to use the exchange program to get his customers new phones. He refused, basically saying that was too much trouble, and he just wanted to return all 75 phones and get a refund. At this point we were still on good terms, so I agreed to try to help him get a refund from my supplier.
I talked to my supplier, and they agreed to offer him a full refund if he returned all the phones - even though they normally don't do that. He said "Okay" and then disappeared for 3 or 4 weeks. After a week or two, my supplier informed me that since we hadn't heard from him, they were revoking their refund offer.
A few days ago, he e-mailed me and said that he has returned 22 defective phones to my supplier, and he wants an immediate refund **from me** for $3300. A lot of somewhat angry e-mails passed back and forth between us, but I've basically told him that he's not getting a refund and that he will have to use the exchange process just like I did when I had unhappy customers.
Keep in mind that I'm very angry with my supplier as well, because the quality of their merchandise is obviously sub-par. However, they offer the warranty exchange program, which I've had to use upwards of 20 times now. This gentleman has the exact same access to this program that I do, and he's been made aware of it on countless occasions.
So, here's my question. Does he have a case against me? He has threatened legal action if I don't refund his money. I've told him that I don't have his money (which I don't), and that he needs to use their exchange program, which he knew about from the very beginning. If he does actually come to Arkansas from New Jersey and file a case against me in small claims court, will he have a good case? We offered him a full refund, then he disappeared for several weeks. We then told him he can use the exchange program for those 22 defective phones, but he is refusing - he just wants his money back. How will this play out?
I'm thinking he won't have any kind of case whatsoever because A) We offered him a full refund, and he didn't comply within a reasonable timeline and B) we have continuously told him to use the warranty exchange process for the defective phones, and he hasn't cooperated. He just wants his money back.
Thanks in advance!
-JesseWhat is the name of your state?