• Would I be able to get my money back from a costume furniture retailer, if the order was incorrect?

    Consumer Questions Contract Questions in Texas Posted 2 years, 6 months ago

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  • Profile Picture of Christine Hansen
  • Christine Hansen
    Attorney at Hansen Legal
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    In a transaction between a customer and a retailer, your rights are determined by the contract you made with the retailer at purchase. Depending on how you made the purchase, this contract may have been posted at the retail location, there may be contract language on your receipt or your purchase agreement, and/or there may be "common practices" in the industry that will affect your contract rights.

    When a retailer has made an error, the first step is to contact them and find out what their process and/or procedure is for accepting returns and making corrections. Legally, if they learn about the error and are able to "cure" it by providing you with the correct order, you are not entitled to get your money back. They have a right to a good faith opportunity to correct their mistake.

    In addition, during the process of shipment and delivery, you may have signed a document or receipt that indicates that you accepted the items as correct. This is often done by the signing of a delivery document or acceptance of the product on delivery.

    In any contract transaction however, you can always argue that the contract was not fulfilled and attempt to have the contract voided. This can be expensive, but may be worth if if the retailer is behaving with particular bad faith.

    In your situation, I would recommend finding any documents or receipts and reviewing your contract rights; then pursue correction with the retailer. Sometimes all it takes is a call from an attorney.

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