Do I have the right to return a final sale if I didn’t know it was a final sale?

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Do I have the right to return a final sale if I didn’t know it was a final sale?

A shoe retailer refused to accept/refund a return for what he claims was a final sale 2 days prior. I want to know whether he’s in violation of CA Civil Code section 1723. I feel the store’s return policy was not conspicuously disclosed: The shoes I bought, box they came in, and table they were displayed on were not tagged/stickered/marked as final-sale items. The return policy was also not posted at the register, in direct view of purchasers. It was posted on a wall, a full 90-degree turn to the right, on a 5×7 frame. The salesman did not point it out or alert me either. Shoes are unworn.

Asked on September 5, 2011 under General Practice, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have every right to return the shoes but the issue becomes whether the 5x7 posting was conspicuous. If by law and case law such posting is considered not conspicuous, you should have no problem returning the shoes. If the shoe retailer is a national retailer or chain retailer, talk to the corporate entity. If not, the only other option you have that is better than nothing and free is to file a complaint with your county or city prosecutor or state attorney general (whichever prosecuting entity has jurisdiction over or could bring legal action against this entity or has in the past).


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