HowI can return a piece of jewelry with a no return policy?

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HowI can return a piece of jewelry with a no return policy?

My wife bought a necklace as a gift, but we can not afford it at the moment. She tried to return it but the jewelry store will not take it back only exchange it for another item. My wife tried to explain to them that she is financially unable to pay for it and does not want the jewelry. Is there any legal way around this situation?

Asked on February 11, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no law saying that a store, merchant, or vendor needs to accept returns of conforming goods; it is purely voluntary for a store to have a return policy. If the goods were  nonconforming (i.e. not what they were supposed to be) or defective in some material (or significant) way, you would in those circumstances have a good case for getting a return the necklace. However, if the issue is your own financial inability to pay, that is not something that a store or merchant has to take any consideration of; that, unfortunately, is  you and your wife's own responsibility.

Perhaps you can get to take it back for a discount (e.g. for 70% of price), which would leave you with a loss but might be better than having to pay for the whole thing.


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