If we ordered DVD’s with the intention of purchasing them for training but decided against it and returened them, what is our liability?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 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.
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