If we ordered DVD’s with the intention of purchasing them for training but decided against it and returened them, what is our liability?

UPDATED: Oct 22, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 22, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we ordered DVD’s with the intention of purchasing them for training but decided against it and returened them, what is our liability?

We made copies but after looking at the budget we decided that we couldn’t afford them. We sent the orginals with the copies back to the business. Now we have received a letter stating that we are being sued. Where do we stand?

Asked on October 22, 2014 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Did the contract, terms of sale, etc. include the option to return the DVDs and get a refund (or simply not pay, if you had not paid for them yet)? If so, and if you complied with whatever the rules in the agreement or terms were about a return, then you could return them. But if there was no right in the agreement or terms to return the DVDs if you "decided that we couldn't afford them," then you have to pay for them. The law does NOT give people the right to change their minds about orders or purchases; you may only return and cancel the sale  if the contract or terms of sale specifically allow you to do so.

2) You may NOT make a copy of copyrighted material; doing so is a violation of copyright.

From what you write, it  appears that there may be grounds to hold you liable, for either cancelling a sale when you were not allowed to do so, and/or for violating copyright.

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 lock Secured with SHA-256 Encryption