What to do about a refund and an item that a store will not accept a return on?

My husband bought a gift in mid-November from a jewelry store for a Christmas present. However, when I received it, I didn’t like it. I called the store the day after Christmas but they said that they had a 10 day return policy and it was over the 10 days. I asked to speak to a manger and was phoned back the next day and told they will not accept the return. We then called the credit card company it was purchased with. After all documentation from both sides, they have credited back out account and closed the case. We win. My problem is that I tried to FedEx the item back to the store but they refused it. What am I to do now? I have the item brand new, never opened. Am I required to return the item? If so, how do I do that?

Asked on April 14, 2014 under Business Law, Florida


Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

First, chargeing back the item does not mean you win.  You can be sued for a brech of contract and required to ay for the item if the no return policy was clearly indicated as part of the agreement.

Second, you must return the item if you did not pay for it. The refusal to accept the item likely means they intend to seek to compel fulfillment of the contract.  

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