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Basic Contract and Sales Law

Basic Contract Law according to the UN CISG 1980

I want my money back!

Friday, August 1, 2008 10:36:00 AM

If the seller has not delivered the goods, the buyer has a right to have his money. But even so, the seller has a right to make sure that he actually has received the money. Therefore I think the seller's answer in the following case is fair enough:

"Comment #3:

I placed a $43 order over a week ago, and nobody at DGM knows anything about it, although my money has been electronically sent to them. I never recieved an e-mail confirmation, but my money is gone, it seems forever. Not to mention the money that I wasted on that new KC "album".

So, Robert, or Guitarist, or whatever your calling yourself this week, can I have my money back?

Dan (The Webmaster) replies:
I'll let Robert comment on points 1 and 2, but I'll comment on point 3: if you did not receive a confirmation email when you placed your order, you either entered in an invalid email address or the order never completed correctly. The former reason is the more likely, but our logs show no order for $43 from you. As for lost money, if DGM never received the order, then you would never have been charged. Do you have confirmation of the charge being deducted from your credit card? Do you have your reference number which would have been provided on the final screen following your online order? This is info that would help get you your money back - which we'd be only too happy to do if we have taken it."

Quoted from:

http://www.dgmlive.com/diaries.htm?diarist=3&entry=1042


The seller's readiness to remedy I want my money back part II

Comments

Nuôi-Dạy-ConNuoi-Day-Con Monday, August 4, 2008 3:13:16 AM

Shall seller take responsibility in settling the money back to buyer if buye is really charged while the seller did not receive money ?

roaldm1 Wednesday, August 13, 2008 2:57:00 PM

If the seller has not received the payment, there will be no money to send back to the buyer.
So I think Dan (the Webmaster) is right:

"which we'd be only too happy to do if we have taken it."

However, if the seller has not taken the buyer's money, there is nothing to pay back.

See my post today. CISG is not very specific, but I think most countries requires the payment to reach the seller before he will have to pay anything back. This is more precisely said the finance and payment law of each country.

Unregistered user Tuesday, January 11, 2011 11:32:17 PM

Анонимно writes: I received my first personal loans when I was very young and this aided my business very much. But, I require the short term loan again.

Unregistered user Friday, May 13, 2011 5:37:37 PM

Анонімний writes: I strictly recommend not to hold off until you get big sum of money to order all you need! You should just take the loans or collateral loan and feel yourself fine

Unregistered user Friday, May 13, 2011 6:06:43 PM

Анонимно writes: I opine that to get the loan from banks you ought to have a good motivation. Nevertheless, one time I have received a bank loan, just because I wanted to buy a car.

Unregistered user Friday, May 13, 2011 6:20:39 PM

Анонимно writes: I strictly recommend not to wait until you get enough cash to buy all you need! You should just get the loan or sba loan and feel comfortable

Unregistered user Friday, May 13, 2011 7:09:08 PM

Анонімний writes: I received my first business loans when I was 20 and that aided my family a lot. But, I require the student loan as well.

Unregistered user Friday, May 13, 2011 9:03:24 PM

Анонімний writes: One knows that men's life is expensive, nevertheless we need cash for different stuff and not every person gets enough cash. Thence to get quick home loans or sba loan will be a right solution.

Unregistered user Friday, May 13, 2011 9:03:31 PM

Анонімний writes: When you are in a not good position and have got no cash to move out from that point, you would have to take the mortgage loans. Because that will aid you unquestionably. I take short term loan every year and feel OK just because of it.

Unregistered user Friday, May 13, 2011 9:32:29 PM

Анонимно writes: The credit loans seem to be very useful for guys, which are willing to ground their own organization. As a fact, it's not very hard to get a consolidation loan.

Unregistered user Wednesday, May 25, 2011 12:40:30 PM

Анонімний writes: It is cool that we can get the loans moreover, it opens up completely new chances.

Unregistered user Tuesday, August 30, 2011 9:34:08 PM

Анонімний writes: Different people in every country receive the credit loans in various banks, because this is simple.

Unregistered user Tuesday, August 30, 2011 9:34:15 PM

Анонімний writes: Cars and houses are not cheap and not everybody can buy it. However, business loans was invented to aid people in such kind of situations.

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Text of the CISG

  • Text of the CISG

    UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980)

Overview of International CISG Sales Law. Basic contract law.

Roald Martinussen's web-site