What is the name of your state (only U.S. law)? Louisiana
I placed a telephone order for about $1200.00 worth of reloading components with an online vendor in November of 2008, payable with a credit card. I waited for the order with as much patience as I could, but after 60 days, I inquired by email (on a Friday) as to the status of the order. I received a quick email reply from the vendor that he "would check on the order on Monday". Monday came and went, as did the rest if the week. I emailed him again, and got no reply within a week or more following, so I emailed him yet again asking for the status of my order. Another week or so passed, so I emailed him yet once AGAIN asking for the status of my order. Receiving no reply, I emailed him one final time, at a point which was over 100 days since I had made the order.
In that final email, I was, to say the least, not nice at all. I informed him that I ordered through him strictly due to someone's recommendation in an online forum, and that I was most surely going to post my personal experience online at that forum to at least balance the post beneficial to him. I told him that I could not believe that I let this go on this long, waiting on what was a "non-order", and that I was most angered by the fact that I was going to have to sit the next several hours re-ordering these materials from his competition, and that during the time frame he had me in limbo in this order, prices therefor had done nothing but climb, supply had done nothing but drop, and that now, because of him, I was going to have to pay considerably more to get the items that I wanted, or worse, the suitable items that I could settle for (anyone who reloads or even does any amount of shooting will know exactly what I mean here - the supply/demand/price issue on these items is absolutely unprecedented). It's hard to convey how pi$$ed I was, which is irrelevant, I realize, but it seems to bear mention anyway.
Five or so days later, I came home to find two packages from this vendor, with the items I ordered. Of course, by this time I had already purchased what I needed elsewhere, to the tune of well over $1500.00. I signed in to my email account to question the guy on this, and there I found a fresh email from him where he stated that he "ran my credit card on Monday" and that my items were headed this way. Now, realize that I sent him the email raking him over the coals on a Saturday, and two days later he charges my credit card, ships the items to me, and then five more days after that, and after I have already received the items, he THEN sends this email advising me that he had "run my card" and "sent the items".
I emailed and informed him that he was out of luck, that I had already replaced the items, and that he could expect these back soon, return shipping charged him. He tells me in a reply email (yeah, funny how his email replies function so selectively, huh?) that "since the items were sent under HazMat rules/regs" that they "could NOT be returned", and that "they HAD TO be refused by the recipient". This, now, he is telling me AFTER the items were already here! (one signed for by my father, one left at the door by the UPS man). I feel quite sure he figured that he was going to slam me with this purchase after I informed him that I was ordering from his competition. I also wonder, for whatever it's worth, that if I had never emailed him the a$$ raking letter if I was going to wind up getting this delivery some time near Christmas of 2009 or something like that!
I emailed back with my reply that he needed to find a fix for this problem, because it was all on him. Now, here's the good part - he told me that this was my fault because I "did not call him". He actually says in his email reply that he "did not realize that the order was canceled", because, get this, he didn't read my entire email because "thought itl was 'just a complaint email'". Yeah, I bet he does get complaint emails very often, and as such, he doesn't even bother reading them!
So, I am sitting here with about $1250.00 (after shipping) worth of reloading components from him that I do NOT now need, after having gone to considerable time, effort and extra expense to shop for replacement items, a few of which would not have been my first choice, anyway, all this on top of the $1500.00 plus worth of those replacement items. The "original" items from my would-be order to the offending vendor are conveniently non-returnable, and I was only told about that AFTER they came in! (I was most surely not expecting them after the cancellation email, but that was only because I was silly enough to believe that he actually read the entirety of his "complaint emails") I feel, of course, that he DID read the entire email, that he DID know what was what, and that was why he sent the items on so fast and did not even pre-notice me on this delivery until AFTER they arrived.
I realize that the preceding is long and somewhat rambling, but I felt it better to lay some foundation for the reason that I am asking my question...I am wondering if I have valid reason to initiate a chargeback on these items, being that I ordered them, and supplied my credit card information therefor, over 100 days before he finally sent them to me, unannounced, for items that could only be rejected and could not be returned after an offload from the shipper.
Thanks in advance...
I placed a telephone order for about $1200.00 worth of reloading components with an online vendor in November of 2008, payable with a credit card. I waited for the order with as much patience as I could, but after 60 days, I inquired by email (on a Friday) as to the status of the order. I received a quick email reply from the vendor that he "would check on the order on Monday". Monday came and went, as did the rest if the week. I emailed him again, and got no reply within a week or more following, so I emailed him yet again asking for the status of my order. Another week or so passed, so I emailed him yet once AGAIN asking for the status of my order. Receiving no reply, I emailed him one final time, at a point which was over 100 days since I had made the order.
In that final email, I was, to say the least, not nice at all. I informed him that I ordered through him strictly due to someone's recommendation in an online forum, and that I was most surely going to post my personal experience online at that forum to at least balance the post beneficial to him. I told him that I could not believe that I let this go on this long, waiting on what was a "non-order", and that I was most angered by the fact that I was going to have to sit the next several hours re-ordering these materials from his competition, and that during the time frame he had me in limbo in this order, prices therefor had done nothing but climb, supply had done nothing but drop, and that now, because of him, I was going to have to pay considerably more to get the items that I wanted, or worse, the suitable items that I could settle for (anyone who reloads or even does any amount of shooting will know exactly what I mean here - the supply/demand/price issue on these items is absolutely unprecedented). It's hard to convey how pi$$ed I was, which is irrelevant, I realize, but it seems to bear mention anyway.
Five or so days later, I came home to find two packages from this vendor, with the items I ordered. Of course, by this time I had already purchased what I needed elsewhere, to the tune of well over $1500.00. I signed in to my email account to question the guy on this, and there I found a fresh email from him where he stated that he "ran my credit card on Monday" and that my items were headed this way. Now, realize that I sent him the email raking him over the coals on a Saturday, and two days later he charges my credit card, ships the items to me, and then five more days after that, and after I have already received the items, he THEN sends this email advising me that he had "run my card" and "sent the items".
I emailed and informed him that he was out of luck, that I had already replaced the items, and that he could expect these back soon, return shipping charged him. He tells me in a reply email (yeah, funny how his email replies function so selectively, huh?) that "since the items were sent under HazMat rules/regs" that they "could NOT be returned", and that "they HAD TO be refused by the recipient". This, now, he is telling me AFTER the items were already here! (one signed for by my father, one left at the door by the UPS man). I feel quite sure he figured that he was going to slam me with this purchase after I informed him that I was ordering from his competition. I also wonder, for whatever it's worth, that if I had never emailed him the a$$ raking letter if I was going to wind up getting this delivery some time near Christmas of 2009 or something like that!
I emailed back with my reply that he needed to find a fix for this problem, because it was all on him. Now, here's the good part - he told me that this was my fault because I "did not call him". He actually says in his email reply that he "did not realize that the order was canceled", because, get this, he didn't read my entire email because "thought itl was 'just a complaint email'". Yeah, I bet he does get complaint emails very often, and as such, he doesn't even bother reading them!
So, I am sitting here with about $1250.00 (after shipping) worth of reloading components from him that I do NOT now need, after having gone to considerable time, effort and extra expense to shop for replacement items, a few of which would not have been my first choice, anyway, all this on top of the $1500.00 plus worth of those replacement items. The "original" items from my would-be order to the offending vendor are conveniently non-returnable, and I was only told about that AFTER they came in! (I was most surely not expecting them after the cancellation email, but that was only because I was silly enough to believe that he actually read the entirety of his "complaint emails") I feel, of course, that he DID read the entire email, that he DID know what was what, and that was why he sent the items on so fast and did not even pre-notice me on this delivery until AFTER they arrived.
I realize that the preceding is long and somewhat rambling, but I felt it better to lay some foundation for the reason that I am asking my question...I am wondering if I have valid reason to initiate a chargeback on these items, being that I ordered them, and supplied my credit card information therefor, over 100 days before he finally sent them to me, unannounced, for items that could only be rejected and could not be returned after an offload from the shipper.
Thanks in advance...
