Mateeka saw a nice pair of shoes for his girlfriend while on the Jama online shopping app and quickly paid the price inclusive of delivery using his mobile money and even received a call from the online store customer help desk who asked for directions to his workplace. However, as evening approached, Mateeka started worrying about his delivery and called the online shop number. After a series of calls, they apologized and told him that the delivery guy ‘stole’ his delivery, and he should wait for the guy to be tracked down so he can get it back. Mateeka demanded a refund, but they told him that ‘he cannot get a refund once goods are released from the store.
WHO SHOULD MATEEKA SUE FOR HIS REFUND?
First, let us get a few facts straight. Mateeka did not know the delivery guy or but only knew the store which promised and charged him for the delivery of the shoes. He also did not receive what he paid for. If this happens you should complain to the online shop and retailer to cross check with the delivery process of the specified online shop including contacting the courier service who they gave the goods to deliver.
Secondly, the law of contract says that a contract Mateeka made was with the online shop when he paid for the shoes and not with the delivery guy. So, in this case, Mateeka entered a contract with the online shop and since they did not fulfil any part of their obligation, they are obliged to refund his money. If Mateeka should choose to sue them, he can even ask court for damages for the breach of the contract and he may receive more money for time spent and the failure to deliver etc.
#BarefootLaw
#osutayusuf
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