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Posts: 76 | Thanked: 15 times | Joined on Feb 2008
#44
Originally Posted by geneven View Post
"Any dispute relating in any way to your visit to focalprice.com or to products or services sold or distributed by focalprice or through focalprice.com amounts more than $5,000 shall be adjudicated in Hongkong court, and you consent to exclusive jurisdiction and venue in such courts."

Whatever that means for amounts under $5,000, it is certainly a warning sign.
I would not be quick to end the fight after reading garbage like that. You have not consented to anything other than a contract to purchase goods when you initiated a transaction with this online seller. They have purposefully availed themselves to U.S. jurisdiction by accepting business from a U.S. buyer. You have a right to take action with Paypal for allowing fraudulent transaction to go unchecked after you reported it to them as well as seek a refund from this seller. A judge can issue a judgment or court order demanding payment if you decide to bring a claim against them (Paypal). If paypal should decide to take action against focalprice, that is their problem after your case is settled.

If you are in the U.S., contact your local county courthouse for instructions on filing a small claim. If and when Paypal contacts you to settle, make sure you request satisfaction in the amount of treble (3 times the total value) damages since this is a case of fraud. This is just my opinion and should not be construed as professional advice.

On a more personal note, I find it hilarious that they would insert some of that language on their website. Even at $5,000, it is unreasonable for anyone to expect to dispute a claim in a foreign court, especially Hong Kong. Much easier to have a court freeze their assets in U.S. banks to get your money back.