rosen@gypsy.UUCP (07/12/85)
I have a general question about make purchases that has been bothering me
for some time. Suppose I go into a store to buy some item. What I want to
know is if there is writing on my receipt and/or a sign in the store which
says "NO REFUNDS/NO EXCHANGES", can the merchant really enforce this?
Suppose I take the item home and it is a total piece of trash or it just
doesn't work, can the merchant really keep me from getting my money back or
gettting a replacement or even credit? This seems to be a fairly common
practice in many small stores.
I would tend to think that there is some implied warranty or law that says
that I have the right to return something for any reason within a small
period of time. Is there really such as law in most states? I would be
interested to know what other people think about this.
Steve Rosen
Siemens Research and Technology Laboratories
Princeton, NJ
USENET: {ihnp4|princeton|adrvax}!siemens!rosen
ARPA: princeton!siemens!rosen@TOPAZmegjpm@mb2c.UUCP (John Macks) (07/15/85)
> > > > I have a general question about make purchases that has been bothering me > for some time. Suppose I go into a store to buy some item. What I want to > know is if there is writing on my receipt and/or a sign in the store which > says "NO REFUNDS/NO EXCHANGES", can the merchant really enforce this? > Suppose I take the item home and it is a total piece of trash or it just > doesn't work, can the merchant really keep me from getting my money back or > gettting a replacement or even credit? This seems to be a fairly common > practice in many small stores. > > I would tend to think that there is some implied warranty or law that says > that I have the right to return something for any reason within a small > period of time. Is there really such as law in most states? I would be > interested to know what other people think about this. > > > Steve Rosen > Siemens Research and Technology Laboratories > Princeton, NJ > > USENET: {ihnp4|princeton|adrvax}!siemens!rosen > ARPA: princeton!siemens!rosen@TOPAZ In answer to the question about the "NO REFUNDS/NO EXCHANGES" policy posted by some stores, all the states, with the exception of Louisiana, have enacted the Uniform Commercial Code (UCC) which governs the sale of merchandise. In general, the UCC provides that your purchases have certain warranties, such as that they are warranted as suitable for the ordinary purposes for which they are intended to be used for, unless the merchandise is sold "as is." Manufacturers can, and ordinarily do, disclaim these warranties by offering more limited warranties. The manufacturer, and to a lesser extent, the store selling the merchandise, are bound to honor these warranties. This means that they are obligated to repair or replace the merchandise if it is defective. They are not necessarily obligated to refund your money, unless they cannot repair or replace it. Otherwise, once you buy merchandise, a store is not obligated to take it back. Most stores offer to take back or exchange merchandise strictly to maintain good customer relations. In other words, it is a policy of the store in most instances, and not a legal requirement. Some states have passed various laws giving somewhat greater protection to comsumers, but, generally, such laws do not mandate refunds or exchanges just because the customer decides he does not like the merchandise. The basis of my knowledge on this subject is that I am an attorney specializing in contract law, who also has a stong interest in consumer law.
halle@hou2b.UUCP (J.HALLE) (07/15/85)
In New Jersey, if there is not a sign which states the return/refund policy prominantly displayed in a manner that it would ordinarily be seen before completing the sale, then the store cannot refuse to give cash refunds. Merely stating a policy on a receipt is insufficient, since a customer might decide not to buy if he knew the policy beforehand. Note: this is a NJ state law and does not necessarily apply elsewhere.