Legal Question in Business Law in California

Can a business charge you a restocking fee on an item that was paid in full but never removed from the store?

No restocking fee is posted. There are two business in one building and a No refund policy posted on a wall that appears to belong to one business and not the other. No policy printed on a reciept. How can a business claim no refund then turn around and state okay however we will charge you a 25% restocking fee?


Asked on 11/05/09, 11:07 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Refunds are either (1) a term of the purchase agreement; or (2) a gratutitous customer service. If a refund policy is not part of the purchase agreement (e.g. it is posted on the wall or on a purchase order), then a store need not provide a refund for a product that is not defective.

In your case, there appears no agreement to accept returns and provide refunds. Accordingly, you do not have a "right" to a refund, and the store can refuse to provide a refund or put conditions on the refund, such as a restocking fee.

A few contracts require a "cooling off period" or a period during which the buyer has a right of rescission. These rights apply to specific types of transactions, and your question does not disclose enough information to determine whether the rescission right is applicable, in your case.

If your transaction is over a typical consumer good - e.g. clothing, food, office supplies - there is not a right of rescission or a right to return the product for a refund, except as noted above.

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Answered on 11/10/09, 11:25 am


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