Non-deliverery of item and restocking fee

On 8/13/2009 I ordered a cell phone Nokia 6125 from an online store Cell2Get. The phone I got was not what I ordered. I contacted Melvin at Cell2Get (www.cell2get.com). He said mail it back at my expense and they would send the correct phone.

After about two to three weeks I did not receive the phone. I contacted Cell2Get and was told that the it was taking so long because the phone was being shipped from San Diego, CA. He provided a tracking number that was invalid and could not be tracked. The phone still was never received.

I contacted Cell2Get and was told that they would ship the phone from New York, NY. I received the phone and it still was the wrong phone.

The phone I got was scratched and did not function properly.

After contacting Cell2Get again, I told them that I was returning the phone for a refund. They implied that I was returning it just because I did not like it. I already own two other Nokia 6125 phones. Obviously, I like the Nokia 6125. I told them that I was returning it because twice they sent the wrong phone, damaged, and it was defective. I was told just to mail it back for a refund.

The initial cost to me was $116.99. They received the phone back and I was charged a 37% re-stocking fee for a damaged, defective phone and a phone that I did not order. I received a credit of $73.00.

I should get a full refund for the phone for a phone I did not order and was defective and scratched.