seeking laws re: defective merchandise, contract prices

[LawMeUp]

What is the name of your state? MI

I need information for two issues. I have searched the web (ftc.gov, US legal code, UCC, etc.) as well as here on the forums, but there is just SO much information--and at times it can be very obscure--that I don't quite know where to find it.

First, I purchased a digital camera from an online store mid-March. I received an order confirmation by email which shows the price I am to be charged by credit card upon shipment. Said camera was then put on backorder and is expected to arrive in the next week or two; in the meantime, their website price has increased. I am worried they will charge me the new price when it ships rather than the one in effect at the time I ordered it. Yet I do not think they can legally do this, and I'd like to know what law(s) explicitly govern pricing policies and what they are and are not allowed to do.

Second, on behalf of a friend I purchased an action figure from an eBay seller. It turned out to be defective, or perhaps damaged, as although it was supposed to be brand new it appeared to have been opened and resealed. The seller said he simply takes the items from the cases sent to him by manufacturers and ships them off to his buyers, so the damage had to have been done at the time of manufacture. (A friend suggested it was perhaps a customer return that was resold.) Anyway, he would not accept returns nor replace defective items, but he directed me to the manufacturer. As this is a Japanese company, it took some time to get a response from them; when I finally did they just directed me to their distributor. The message from the distributor was basically, 'sorry, sounds like you dealt with a bad seller, they should have helped you.' Who is directly reponsible to replace this item, and what law(s) say this?

 

[LawMeUp]

any information?

Can anyone point me in the right directions on these issues? Please and thanks?

 

[matti422]

On the first issue of the backordered camera, you should only get charged what is on the invoice/receipt you have. That acts as a type of contract between you and the seller.

As for eBay, since you are not buying from the original manufacturer, and I do not believe that eBay has any express or implied warrantees on the goods which pass through their portals, I would say you are screwed. You'd have to take the seller to court for breach of contract by not deliverying what he promised to (i.e. a working widget).

 

[LawMeUp]

can anyone give me more details?

On the camera issue: where in the codes and laws of the US can I find the clause(s) that govern this contract? I'd like to know specifically, not only for my own piece of mind but also to point it out to the seller so he can't screw me if he tries (you know, 'Hey buddy, according to Section 201 subparagraph 5 of the Universal Commerical Code--or wherever it is--you can't do that.').

On the action figure: But if an item is bought brand new and turns out to be defective, who has the responsibility to make good on the sale, and what law(s) say this? I would think the manufacturer, as it is their product, but with a middleman involved I'm unclear. Is there a law or rule that I can point out to the manufacturer to say you need to replace this because it's your product and it's defective?? Or is there one I can use to press the issue with the seller? I mean, if you bought the item in a store, you could take it back and exchange it for a working version.

More specifics and details would be greatly appreciated, as I'm just not having much luck hunting down this information on my own. (This kind of thing can almost make you wish you were a law student or had a law library nearby.