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Online Store - Trouble Buying

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MonopolyBag

Junior Member
I am in new Hampshire. I bought from a store in CT.

I purchased an order from an online game store. Their checkout had a glitch. I saved a lot of money. It was not my fault that there was a glitch. The order went through and I received my items. I placed another order, yes taking advantage of the glitch, and the order was refused and canceled.

The company contacted me about the first order, and asked for me to return the items.

The email goes like this...
After further investigation into the glitch we have had in our system, we see that you have already received a package from us which was not paid for in full. We are asking kindly that you please return those items to us and we will send you something as a thank you for cooperating. If you choose not to return the items, you will be black listed from ***********, we will be informing all other large companies of your buying habits, and we will continue to look into what further action we can take to retrieve those items. You can mail the package back to:
*****
If you are unable to send the package back to us, we can send someone to your home to pick them up. Thank you for your understanding.

I would ask that you take a look over this. And let me know if I can get in trouble legally, for not returning the items. Some of the items I originally intended to give away and have done so. So I do not own them any more and can not return them.

Can they bring me to small claims court? Can they make a deal out of this? Or do I have the right to ask them politely to leave it be?

My original response was to return the items I do have to avoid trouble.

The cost for these items do exceed my budget, but originally I did not think this was going to be a problem as I was unaware to the glitch, so giving items away have put me into a problem.

But I feel that since I have placed a second order, I have made myself noticed and they have leverage on me because it looks as if I took advantage of the glitch. My friend who has placed only one order did not receive any email asking him to return the items. Again i think because they do not have any leverage on him.

Please let me know if any additional information may be needed tog et my concerns answered.What is the name of your state (only U.S. law)?
 
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racer72

Senior Member
If the shoe was on the other foot, ie, you overpaid due to a glitch, would you not want your over payment returned?
 

MonopolyBag

Junior Member
Yes but form a legal standpoint (which is why i came to a legal forum) I want to know whether or not I can get into trouble, legally. I intend to send back the items at their request to avoid much trouble. But as stated, I do not have some items as I have given them away. The cost of these may be too much for me. Is there any legal action they can take against me?
 

Proserpina

Senior Member
Yes but form a legal standpoint (which is why i came to a legal forum) I want to know whether or not I can get into trouble, legally. I intend to send back the items at their request to avoid much trouble. But as stated, I do not have some items as I have given them away. The cost of these may be too much for me. Is there any legal action they can take against me?
Not their problem - yes they can take legal action against you though there's a fair chance they will not do so...that may depend on the value of the item/s.

Just do the right thing.

(Their T&C may contain something along these lines.....We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice including after you have submitted your order.)
 
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MonopolyBag

Junior Member
Thank you. This is more the answer I was looking for. The value is about $750.00. So i kinda do not want to mess around. At first I didn't even know that there was an error when I placed the order. So although it is their fault, you know.

But problem is the right thing... I am already missing some of the items that I would like to return if possible, but I do not have funds to pay for.
 

Proserpina

Senior Member
Thank you. This is more the answer I was looking for. The value is about $750.00. So i kinda do not want to mess around. At first I didn't even know that there was an error when I placed the order. So although it is their fault, you know.

But problem is the right thing... I am already missing some of the items that I would like to return if possible, but I do not have funds to pay for.
Fault isn't really important here - return what you can, and negotiate the rest.
 

MonopolyBag

Junior Member
OK. When you say fault is not important? Do you mean legally? I want to MAKE SURE that I am avoiding all legal problems. So make sure everything we say is based on legal, not ethical. I do understand ethics already.
 

Proserpina

Senior Member
OK. When you say fault is not important? Do you mean legally? I want to MAKE SURE that I am avoiding all legal problems. So make sure everything we say is based on legal, not ethical. I do understand ethics already.
An error on their part does not permit you to profit from their mistake.

That's really all there is to it, you know? They have legal recourse and "it wasn't my fault, it was there's" isn't a viable defense.
 

MonopolyBag

Junior Member
Does the company have any right to correcting a price after the item has been sold if it was sold and shipped to the buyer at a lower price than what it is worth?
 

Proserpina

Senior Member
Does the company have any right to correcting a price after the item has been sold if it was sold and shipped to the buyer at a lower price than what it is worth?
'

If it is in error, yes (example: the display price is $200 but at check-out the item rings up as $20 - that's an obvious error and the company would not be obliged to honor the lower price).

As a rule.
 

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