Dear Greg: On June 7, Stellar Flooring charged $6,256 to my credit card. I received no goods or services — and for a good reason: I canceled the contract. The owner, Joseph Smith, says I owe a 35 percent restocking fee ($2,189) even though he wrote on the contract, "Customer has seven days to cancel with no penalty, " which I did via phone and certified mail. I do not wish to do business with Stellar Flooring. My area was overestimated by 117 square feet, resulting in a $1,404 overcharge. I have a thick file of paperwork including a contract and pictures of my floors that I had installed for half the price by someone else. Meanwhile, the entire $6,256 charge is still on my credit card while this is in dispute.
Melissa c.
NEW SMYRNA BEACH
Dear Melissa: Joe Smith was very patient and civil in reviewing this matter with me. Unfortunately, he is in major denial about the contract, on which he clearly wrote, "customer has seven days to cancel with no penalty." Key words: no penalty — i.E. Restocking fee. There is no asterisk voiding his addendum for any reason, including your finding another company to do the job. Even though there is ample evidence that you canceled within seven days, Smith insists, "She did not cancel.'Cancel installation of wood flooring' means exactly that: not hire a different contractor." No, that is not what "cancel" means in this context. It means you canceled your contract with him — not your intention to install wood floors. The sky is blue. You did cancel. There seemed to be dawning awareness of that in Smith's formal statement to me in which he restated his position but added, "Stellar Flooring reserves the right to waive any and all fees at our own discretion." To which I would add: Discretion is the better part of valor. And denial.
0 comments