Online purchase, Vendor could not deliver after 30 days

[johnson4730]

I live in California, the state the company is in is Arkansas.

I purchased a firearm online, the company said they had the item and responded with a contract. (I did not have to sign the final contract, it was auto-generated.) They charged my credit card and now I am waiting. The contract basically stated that if I canceled the order I would be subject to a 45% restocking fee (which is about 450 dollars in this case.)

The law states:

"If the seller fails to ship the purchased goods on time or within
30-days if the seller did not give a shipment time, the seller must
send you a notice with a new shipment time and offer you the option of
canceling the order. If you choose not to cancel the order, the
seller again must ship by the stated time. If the seller again fails
to make the shipment, he must again notify you and request that you
agree to a third date. If you do not want a new shipment date or do
not respond to this last notice, the seller must cancel your order and
refund your entire purchase price within 7 days by check or money
order, or within one billing cycle if you used a credit card to make
the purchase."

So I am well past the 30 days but still no firearm. I called numerous times and asked for an ETA on delivery and I get the same story (next week sometime.) They said they are waiting for the manufacturer to deliver, but I dont feel that is my problem as they stated on their website that they can and will ship the firearm.

Am I legally entitled to a full refund since they have not shipped the item within 30 days? They will not give me a full refund, so should I just dispute it with the credit card company?

 

[sandyclaus]

I live in California, the state the company is in is Arkansas.

I purchased a firearm online, the company said they had the item and responded with a contract. (I did not have to sign the final contract, it was auto-generated.) They charged my credit card and now I am waiting. The contract basically stated that if I canceled the order I would be subject to a 45% restocking fee (which is about 450 dollars in this case.)

The law states:

"If the seller fails to ship the purchased goods on time or within
30-days if the seller did not give a shipment time, the seller must
send you a notice with a new shipment time and offer you the option of
canceling the order. If you choose not to cancel the order, the
seller again must ship by the stated time. If the seller again fails
to make the shipment, he must again notify you and request that you
agree to a third date. If you do not want a new shipment date or do
not respond to this last notice, the seller must cancel your order and
refund your entire purchase price within 7 days by check or money
order, or within one billing cycle if you used a credit card to make
the purchase."

So I am well past the 30 days but still no firearm. I called numerous times and asked for an ETA on delivery and I get the same story (next week sometime.) They said they are waiting for the manufacturer to deliver, but I dont feel that is my problem as they stated on their website that they can and will ship the firearm.

Am I legally entitled to a full refund since they have not shipped the item within 30 days? They will not give me a full refund, so should I just dispute it with the credit card company?

When you say "the law states", to which law do you refer? Specifically, are you referring to CALIFORNIA law or ARKANSAS law? (There is a reason I'm asking.)

 

[johnson4730]

Federal Law

This law I am citing is a federal law as per the FTC. (Federal Trade Commission).

I assume it would supersede all state laws.

 

[johnson4730]

Is this site for real?

Based on some of the answers I receive here, it sounds like this site is a bunch of sea lawyers, you know people interpreting the law as the see it, with no real legal background.

Is anyone here that answers questions actually bar certified for their state, and actively practice law? From some of the answers, it seems like that its not the case.

This one in particular (my question above), they asked what state the law was written in (a senior member). Sounds like they were trying to make a guess at a question but not knowing the FTC law is a real wake up call for me that they have no idea what they are talking about.

 

[justalayman]

johnson4730;3027086]Based on some of the answers I receive here, it sounds like this site is a bunch of sea lawyers, you know people interpreting the law as the see it, with no real legal background.

I would think that would mean they are "see" lawyers, not "sea" lawyers. Read the TOS.

Is anyone here that answers questions actually bar certified for their state, and actively practice law? From some of the answers, it seems like that its not the case.

Read the TOS

This one in particular (my question above), they asked what state the law was written in (a senior member). Sounds like they were trying to make a guess at a question but not knowing the FTC law is a real wake up call for me that they have no idea what they are talking about.

They simply wanted you to clarify what law you were citing. Is there a problem with asking such a question?

btw: what you cited is not the law but a paraphrased version of a law. To determine if it is even applicable, you would have to read the full text of the actual law. Also, since nobody here has seen the website you are dealing with, we have no idea if there are any statements to shipping dates. Beyond that, shipping firearms is a unique situation. Did you designate a FFL'd dealer to ship the fire arm to?