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Customer will not get refund for canceling her carpet order

We bought carpet for our family room from New York Carpet World last year. They came out on a Sunday in November, tore up our old carpet and padding and started to install the new carpet _ but it was not the carpet we had ordered.

We told the installer it was the wrong carpet. He checked the numbers and said the numbers on the carpet and the bill of sale were supposed to match, which they didn't. But then we spoke to someone else who said we got the right carpet. We refused to accept it.

Now they claim we canceled the order. We did not cancel anything. We want our $100 back and they say, "No way!" Do they need our $100 that bad?

I wrote to the Better Business Bureau but nothing has been settled.

Myrtle Wyckoff

Response: The carpet you refused was the carpet you ordered, says Robert Wise, New York Carpet World administrator. The numbers on the carpet tag are the manufacturer's style numbers while the numbers on the order form are New York Carpet World identification numbers. That is why they are different.

By rejecting the carpet and requesting a refund of your deposit, you did cancel the order, Wise says. Thus you are subject to the conditions of the sales agreement regarding cancellation and not eligible for a refund.

If you want to select a different carpet of equal value you may do so, but you would be subject to a charge for liquidated damages.

The company incurred real cost in processing your first order, Wise says.

If you are not satisfied with that response you might consider filing a complaint with the Pasco Consumer Affairs Office, 847-8110.

Gallery says it will pay

artist $300 for painting

Please find out if I've been had.

I took a painting to the Main Street Art Gallery in New Port Richey a year ago. This gallery has since closed and I can't reach the man I gave my painting to by mail or phone.

If there is no market for my painting, I would like to have it back, but I think a year is long enough to find that out.

I realize this is my fault for not getting anything in writing, but thanks for anything you can do.

R.W.

Response: The gallery has been checking its inventory for your painting, says Main Street Gallery manager Lillian Stein.

The man to whom you gave your painting is no longer employed by the gallery, she says. She understands your agreement with him was for $300 and was sending you a check for that amount.

If your agreement was for more money, we suspect you are out of luck since it was not in writing.

Move over Magic Wand;

Kitchen Mate is on way

I ordered a Magic Wand mixer I never used. They said I could send back this item and get a refund. I sent it back but never got a refund.

The problem is I didn't keep the company's address. The bank said it could not give me additional information about the company. The post office said I insured the package for $75 but there is no address on the insurance receipt.

I hope you can get my $75 or mixer. Otherwise, I am out the money and the mixer and that is not fair.

R.N.

Response: The company, Amazing Discoveries, says the Magic Wand Mixers were sold with a 30 day money-back guarantee or a 90-day replacement warranty. You returned the mixer late and missed both deadlines. In any event, the company no longer carries this mixer.

Nevertheless, the company was sending you a similar mixer called a Kitchen Mate.

Hire contractor without

license and risk a fine

In regard to your May 16 column about the air-conditioning contractor who was operating without a license, Florida Statute 455.228 says the state Department of Professional Regulation can request the civil court impose a fine of $500 to $5,000 not only on the unlicensed contractor, but on "any person who aids and abets the unlicensed practice of a professional by employing such unlicensed person."

Just thought you might want to look into this.

Joan Friedman

Response: It is right there in the statutes. Food for thought next time you consider saving money by hiring someone who is moonlighting on his boss without his own contractor's license.

YOU could be fined!

Action answers questions, opens government doors and fights consumer battles. Given sufficient information, we process or refer every serious inquiry, but we cannot guarantee response. Requests will be accepted only by mail. We are not responsible for returning personal documents, so please send only photocopies. If the complaint concerns a mail order, we need copies of both sides of your canceled check. Write to Action, Citrus Times, P.O. Box 2365, Inverness, FL 32651-2365.

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