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Well Past Time Period of Delivery Stated in Contract- "No Refunds"

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  • 03-05-2009, 08:51 PM
    flabbergasted
    Well Past Time Period of Delivery Stated in Contract- "No Refunds"
    My question involves a consumer law issue in the State of: Massachusetts

    I signed a contract for a photo album. The contract stated, "the album will be delivered in approximately three to four months from the time the picture selections are provided". 5 months passed and I had not even received a preview of my album so it was plain to see that I was not going to receive my album within a reasonable amount of time surrounding 3-4 months because I would still need to send them my editing requests, then it would need to be printed and delivered. I have gone through several steps with the company trying to come up with an agreement, including filing a complaint with the Better Business Bureau. The company responded by blaming me for the delay and then the complaint was immediately closed.

    I am now debating what steps I should take from here. I have since received an e-mail from the company reminding me that my contract states "no refunds", which is true, but am I still responsible for upholding the terms of the contract if they have not done so? I have also found online that it may be illegal for companies to state "no refunds". They have also given me an ultimatum of going along with the process or my "monies will be forfeited".

    I have another concern that I may not be able to prove their lateness. I have all of the e-mail correspondence saved but I'm not sure if this will hold up as evidence in a court of law.

    Also, it states in the contract "all disputes shall be submitted to the American Arbitration Association as the sole and exclusive remedy to resolve disputes." I am concerned that this would be similar to my experience with the Better Business Bureau, meaning that no one will look into the case and it will be "closed".

    Please help! Should I go to small claims court or try to take what I can get from this company even if it means I won't see my album for several more months?

    :wallbang:
  • 03-07-2009, 08:02 PM
    Mr. Knowitall
    Re: Well Past Time Period of Delivery Stated in Contract- "No Refunds"
    This was what? An order from a local business, where you went into the store? An order from a mail order company? An order over the Internet? You and this company are both in Massachusetts?

    They say you caused the delay. By doing what?
  • 03-08-2009, 12:07 PM
    flabbergasted
    Re: Well Past Time Period of Delivery Stated in Contract- "No Refunds"
    Quote:

    Quoting Mr. Knowitall
    View Post
    This was what? An order from a local business, where you went into the store? An order from a mail order company? An order over the Internet? You and this company are both in Massachusetts?

    They say you caused the delay. By doing what?

    This company has offices in other countries, but I ordered it through their office in Massachusetts. I met the representative in a Starbucks to sign the contracts. This was a package deal that included photography, videography, and my album. I have my pictures and my video (although there were issues and delays here too) but my album is still missing.

    The company and I are both in Massachusetts.

    They say that I caused the delay by giving them my picture selections for the album "late". According to my contract I have a year to turn in these selections so I am certainly not late because it will be a year next month. I turned in my selections back in August.
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