Consumer Protect Act Question

[Everlasting]

Hi, thought I'd get some input since some offtopic posters are more knowledgeable in laws

Is it legal for a company to take part of the "downpayment" if you decide to cancel out in a big item good?

The down payment was in hundreds, and two employees stated that it was refundable as they don't carry the good but we can order it in to look at it and if we didn't like it, it'd be fine to give us back our money.

Now, they're taking $75 for something that isn't even in existence yet (pet) and they don't know when it would be available either.

They didn't provide a contract and we've never dealt with such a situation before

We don't even know what it'd look like, only vaguely a picture of a similar type, though they even stated that it might not look the same, and that we can keep picking until we are satisfied

Thanks for your inputs

[Stylez_517]

It is normal for many companies to take a down payment especially on items, goods or services that have to be ordered in or are "special" (special refers to any kind of custom order or anything that is a variable from a straight exchange of goods/services for money).

Yes it is also normal for the company to keep a down payment even if you decide to cancel. This is to cover certain expenses (i.e. shipping, cost of item) as well as storing the product since. The product was ordered in for you and if you decide to cancel, there is a possibility that someone else might not buy it.

For your situation, if the employees have stated you will be refunded then yes you should be entitled to that. However, looking at the situation, the you basically ordered a certain type of pet/animal and waiting for them to receive one. This is obviously based on the soon or fast they will be breed.

You even stated,
We don't even know what it'd look like, only vaguely a picture of a similar type, though they even stated that it might not look the same, and that we can keep picking until we are satisfied

Not all pets or animals will be the same. According to yourself, you can still pick until you are satisfied so why do you worry? You wouldn't put a down payment unless you are pretty sure you want that particular animal from that store.


Personally I think you just worded your situation poorly. I think you just aren't satisfied with putting a down payment without knowing exactly when the pet will be breed or exactly what it will look like. You would rather wait for everything to come in, choose then pay in full right? Well as I said earlier, it's normal to take down payments especially if it has to be ordered in for you.

[Everlasting]

Yes, I probably worded it wrong but I'm trying to understand the CPA more. I understand if it was ordered in already or it was reserved for us already, but the pet isn't

I just wanted to state that there should not be any expenses incurred as they just asked the breeder if they have one available, to notify them and if possible to place it on hold if the pet is born and they think it's "cute", but as of now, none of that breed is available even though it's a shi-poo.

The breed is a mix, so its combination isn't known yet which would be the more dominant factor.

We were satisfied with putting a down payment but due to living accommodation changes, it is no longer possible due to short term relocation.