Do I have any options? (credit card, paypal, selling, online)

[CALGUY]

I am not sure if this is the correct forum to post this, but I didn't see another where it would belong.

In mid February, I purchased a pool/spa gas heater for my spa.
This was done online.
It took a week to get it, and that was ok with me.
I was in the process of installing it when I noticed the feet, or legs if you will, were very thin and wobbly.

I called the manufacturer which is located in California.(the heater came from an outlet in Florida).
The rep asked me for the model number, which I gave him.
He came back on the line and stated,"you have more problems than weak legs, that heater is banned in southern california."

Seems the aqmd (air quality management district) banned all gas appliances that do not meet emissions standards set by the aqmd.
I was told by the rep to contact the company that sold it to me.

I did that, and they said they were not aware of the rules in California.
I told them the heater was illegal here in SoCal, and that didn't seem to matter much to them.
They stated they would take it back, but I would have to pay for shipping, and a possible re stocking fee.
Obviously I am not going to do either.
I feel they should know their products, and the rules governing those products.

Two things should have happened by the parent company, and that is to stop sales of the units in SoCal, and issue a directive to all outlets selling the heater , that it can't be sold to residents of SoCal.
Obviously none of that happened.

I believe the blame lies with the outlet, and I should not have to pay to ship the heater back.
I am going to contact the aqmd tomorrow,and see what they can offer for a solution, and then contact paypal, because that is who paid for the heater.

I am at the point where I just want the dammed thing gone, and get another legal heater somewhere .


Any one have any suggestions?

Thanks in advance.

Bob.

[Rabrrita]

If you purchased this online, it is your responsibility to check if the item is legal in your jurisdiction. Unless CA prohibits the shipment of a particular device to addresses within the state, the ultimate legal use falls solely on the buyer. When I buy items for client's projects, it's my responsibility to know if that item can legally be installed in the client's state and in some cases if a particular jurisdiction with the state allows or disallows an item.

Now, the except to this rule is if the seller provided some assurance of its legals use. This could be by a statement or in response to a direct question by the buyer. So, unless they specifically gave some form of assurance of it being legal in CA, it would be up to you to ask. Making this even harder on you is almost all credit card companies will side with the seller unless you can show you specifically relied upon something they said that told you it was legal.

Return shipping and a reasonable restocking fee is normal in these cases.