Royal Prestige

A Matter of Language

Leticia of La Habra, CA, writes:
On 6/16/00 Ms. Jacobo came to my residence selling cooking items, such as pans, flatware. I decided to purchase a set of flatware. Our conversations were in Spanish. But my primary language is English. Since I have purchased cooking items from other companies such as Tupperware and the Pampered Chef I did not hesitate to buy from Ms. Jacobo since she assured me that they are a reputable company.

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She did not have the sales contract in English and asked that I sign one in Spanish and explained "some" of the conditions of the purchase. She neglected to advise me that they do not have a return policy. That all sales are final. I believe both she and I had a shared responsibilty to the situation.

I returned the merchandise on 7/14/00 in excellent condition. Royal Prestige refuses to credit back the charge to my American Express card.

This is not a valid contract. A contract can be in any language but it must be a language both parties can understand. A contract requires "offer and acceptance," as any pre-law student knows. If one party to the contract does not understand it, he or she cannot accept it and there is therefore no valid, binding contract. Period.

Leticia should write to Royal Prestige and advise them of this, with a copy to American Express. If they do not immediately return her money and cancel all future obligations, she can sue the company in Small Claims Court and/or complain to the California Attorney General.

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