If I purchased a wedding dress from a bridal store but it arrived damaged, am I obligated to accept a replacement or get a refund?

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If I purchased a wedding dress from a bridal store but it arrived damaged, am I obligated to accept a replacement or get a refund?

The dress arrived damaged. I paid a 50% deposit for the dress. The purchase order stated “no refunds, returns, or exchanges”. They offered to replace the dress. Am I obligated to take the replacement or can I get my money back?

Asked on February 23, 2012 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be able to get a refund (though they can certainly offer you a replacement instead and see if you'll accept). Even when a purchase order states "no refunds, returns, or exchanges," that does not apply when you are provided either the wrong item or broken/defective item; that policy means that in the absence of a significant problem with the order, you cannot voluntarily choose to return, etc., it. However, you are not required by the law to accept a nonconforming item; since the dress was nonconforming (damaged) you should be able to cancel and receive your money back if you chose.


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