googe
02-20-2004, 03:17 AM
okay, wondering if anyone has experience in these situations, or knows some relevant legal rights.
i ordered something from vishnu tuning in california. in their order form, there are no options to select for shipping. instead, it has a comment box and a note saying to specify shipping options in the comment box.
i fill out the form and order without remembering to fill in the comment box. i hit submit. i get emailed a receipt/confirmation email, then realize, damn forgot the box. so i reply to them, forwarding the receipt, my order number, the relevant info, and i mention that i hadnt filled in my shipping options and for shipping i would like the least expensive option available, delivery time is not a concern. i then state, of course, that i refuse to do business with UPS, and if no other courier is available as an option, that i would not like to order the product. basically, send it to me without using ups, or dont send it at all. easy enough.
so the other day, my doorbell rings, and who is it...none other than my brown short sporting friend! UPS! :banghead: and so doing what he does best, he asked that i bite on a cork and faced the other direction, then he proceeded to bend me over and rape me on brokerage charges (surprise!). an item, about the size of a box of ritz crackers, with a declared value of $50, warranted a $30 brokerage fee. they obviously didnt use an inexpensive shipping option either, because i was charged an extra $40 by them (vishnu) for my order.
so of course i send vishnu some hate mail, basically saying thanks for blatantly ignoring my request and doing exactly what i said not to, now please reimburse me or ill refuse the charge on my credit card, and if you want the product back you can send me all associated shipping costs (what i paid to get it to me, and what it will cost me to send it back).
i get a reply a few hours later saying that they did not get my request in time and so it was sent via their standard ups method. they said they are typically 2-3 days behind in catching up to email because they get 75-150 emails a day or something. so i reply again, telling him to note the timestamps - the messages were sent within 3 minutes of each other. the item, according to UPS tracking, was mailed out 3 days later.
my question is, can i do that? do i have grounds to not pay them for the product, and hold it until they pay for it to be sent to them?
i ordered something from vishnu tuning in california. in their order form, there are no options to select for shipping. instead, it has a comment box and a note saying to specify shipping options in the comment box.
i fill out the form and order without remembering to fill in the comment box. i hit submit. i get emailed a receipt/confirmation email, then realize, damn forgot the box. so i reply to them, forwarding the receipt, my order number, the relevant info, and i mention that i hadnt filled in my shipping options and for shipping i would like the least expensive option available, delivery time is not a concern. i then state, of course, that i refuse to do business with UPS, and if no other courier is available as an option, that i would not like to order the product. basically, send it to me without using ups, or dont send it at all. easy enough.
so the other day, my doorbell rings, and who is it...none other than my brown short sporting friend! UPS! :banghead: and so doing what he does best, he asked that i bite on a cork and faced the other direction, then he proceeded to bend me over and rape me on brokerage charges (surprise!). an item, about the size of a box of ritz crackers, with a declared value of $50, warranted a $30 brokerage fee. they obviously didnt use an inexpensive shipping option either, because i was charged an extra $40 by them (vishnu) for my order.
so of course i send vishnu some hate mail, basically saying thanks for blatantly ignoring my request and doing exactly what i said not to, now please reimburse me or ill refuse the charge on my credit card, and if you want the product back you can send me all associated shipping costs (what i paid to get it to me, and what it will cost me to send it back).
i get a reply a few hours later saying that they did not get my request in time and so it was sent via their standard ups method. they said they are typically 2-3 days behind in catching up to email because they get 75-150 emails a day or something. so i reply again, telling him to note the timestamps - the messages were sent within 3 minutes of each other. the item, according to UPS tracking, was mailed out 3 days later.
my question is, can i do that? do i have grounds to not pay them for the product, and hold it until they pay for it to be sent to them?