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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 7 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.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption