Delivery of Goods Law

Delivery of Goods Law

It is the duty of the seller to deliver the goods and the buyer to pay and accept them, in accordance with the terms of the contract and the law of sale. If the seller has to make a refund, the seller is subject to different obligations depending on the payment method used by the buyer. If the Buyer has paid in cash, by cheque or money order, the Seller is obliged to send a refund to the Buyer within seven working days of the date on which the Buyer is entitled to a refund. (“Business days” probably means every day the Seller continues to do business.) If the Customer has paid by credit instead of cash, check or money order, the Seller must provide a refund to the Customer by crediting the Customer`s account in a billing cycle after the cancellation of the order, or the Seller must inform the Customer that his credit account will not be debited. The seller, who must make a refund, cannot give credit to the customer, nor by crediting for future purchases, credit vouchers or scrip. In the event that the Seller has shipped some, but not all, of the goods ordered, the refund will be equal to the total amount paid by the Customer, less the amount he would have paid only for the items shipped. Otherwise, if no item has been shipped, the full amount paid by the customer must be refunded. A seller can be sued by the Federal Trade Commission for an injunction, fines of up to $1 [0],000 per violation of its shipping and delivery rules. The FTC has 3 years to bring actions against sellers on behalf of aggrieved consumers, but the statute of limitations for measures to enforce the mail-order rule is five years for civil penalties.

(A seller must keep records of their transactions for at least 5 years – see RECORD RETENTION below.) State laws regarding UTPs may also include violations of the FTC`s mail-order rule and may have longer limitation periods for individual customers or government actions. The laws of the State in the State where the cases are to be made should be consulted. The Federal Trade Commission has the power to file a complaint against an individual if the FTC has reason to believe that there has been a violation of the Federal Trade Commission Act and if the FTC believes that the proceeding would be in the public interest. After filing a complaint, holding a hearing, and finding that the conduct of an FTC defendant violates the Federal Trade Commission Act, the Commission has the power to “issue and serve an order requiring that person, partnership or corporation cease and refrain from using such a method of competition or such an act or practice.” The FTC then has 5 years from the issuance of the order to file a civil lawsuit against a person who violates the terms of the injunction to which he is subject. If the violation is intentional, a civil penalty of up to $10,000 may be imposed for each violation. In addition to assessing civil penalties, district courts have the power to issue mandatory injunctions and “all other remedies” that may be reasonable, including the refund order. The FTC can also take legal action on behalf of individuals who have been raped as a result of a dishonest or fraudulent violation of the postal or telephone goods rule. Reparations can be demanded not only for “consumers”, but also for the violation of “other persons, partnerships and companies”. Once the consumer complains to the FTC about the violation of the rule, it is up to the Commission to decide if and when to bring an action.

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