Thanks for the reply.
Already been through all of that. I paid by debit but MasterCard wants an admission by them of the mistake. No chance that'll happen.
Do I take your answer to my question to be that the party collecting the money is legally responsible in this case? Looks like I'm going to have to file in court, and just want to be sure I initiate against the appropriate party.
Thanks
I read the information I cited below.
If you wish to sue someone, it should be the vendor/seller.
That prospect is dimmed if the seller is located in another state, or located in another country.
In all likelihood, I see no satisfaction by taking this to small claims.
Small claims courts are all bark, no bite.
The lawsuit remedy is further diminished if the amount in question is less than $5,000.
This is from NEWEGG's website "T&C":
..
..
Newegg.com SATISFACTION GUARANTEE - Newegg.com offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
7-day replacement or refund guarantee on all CPUs, including Open Box processors. All other Open Box merchandise has a 15-day warranty period.
For CPUs, the base cost will reflect the current market value, and the 15% restocking fee will be applied after this adjustment.
Downloadable software may not be exchanged or returned for a refund after purchase.
DVDs are non-refundable but may be exchanged for a functional version of the same film by using the pre-paid shipping label packaged with your order.
Marketplace: If you purchase an item from a Newegg Marketplace seller and need to return it, you must return that item to the Marketplace seller rather than to Newegg. In general, Newegg Marketplace sellers will honor Newegg's Money Back Guarantee and Return Policy set forth above. However, certain exceptions may apply. Check the Seller's Policy Page for the return policies of individual Marketplace sellers. In the event of a conflict between Newegg's return policies and those on a Seller's Policy Page, the Seller's Policy Page return polices shall apply to your orders from that seller...
///
///
Restocking Fee
A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.
Marketplace: If you purchase an item from a Newegg Marketplace seller and need to return it, you must return that item to the Marketplace seller rather than to Newegg, and the return of that item will be subject to the restocking fee policies of that Marketplace seller rather than those of Newegg. Check the Seller's Policy Page for the restocking fee policies of individual Marketplace sellers.
///
///
Bad to the Bone:
\\\
\\\
Limitation of Liability
IN ALL CIRCUMSTANCES NEWEGG.COM 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NEWEGG.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NEWEGG.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT NEWEGG.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
===
===
Wiggle Room
===
===
Refunds, Partial Refunds and Restocking Fees (US)
..
..
Newegg.com -- Agreement on Terms, Conditions and Disclosures related to activation of wireless services and related phone purchases.
..
..
