I ordered 2 trays of eggs by phone and paid in advance by credit card which they charged. I never received it and the secretary said the delivery man told her he left it outside my door after knocking. I said I never heard any knock and I checked my door periodically throughout the day and there was nothing there. She said maybe someone took it. Do I have a right to ask for my money back here?
Answer:
If the eggs were never sent out, or were sent to the wrong address, you have the right to your money back.
However, if they were left, and you never received them (because they were stolen), you won’t have the right to claim.
Although your claim seems to be a ta’anas vaday — a “certain claim” that the eggs were not delivered — they will still claim that perhaps you didn’t hear the knock on the door, or something to that effect, and therefore it will be hard to get your money back al pi din.
However, from past experience, the store will generally compensate you in such circumstances, and it is possible that legally they have to. Take it up with the store, and at least make sure they come to a compromise to your satisfaction.
