Legal Question in Business Law in California

Re: Store return policy

Ironically, I don't think this is really a "no return policy" issue. He paid for what is to be delivered and unless in the contract he reserved the right to cancel your only remaining obligation is to deliver what was contracted for and that is that. If you are late delivering, however, he could get a right to cancel.

I would have to see the contract to be sure. If you wish, send it to me at [email protected].

Re: Store return policy

The policy is really an "all sales final" policy, and the wall sign only tells part of the story.

You probably have some sort of written contract, possibly only a receipt for your payment, but in any case you should read whatever you have carefully. It will govern your rights, and the store's.

A contract for sale of goods in excess of $500 must be in writing and signed by you in order to be enforceable against you. Ordinarily, the enforcement would consist of a suit for damages, which would not necessarily be the $2,000 purchase price, but could be only lost profits.

Your problem is that the store has your money, making limiting your loss to $2,000 more complex.

I would seriously consider notifying the store that you will refuse delivery and will sue in small claims for restitution of your $2,000 if it is not refunded voluntarily. You will be in breach of contract, perhaps, but if notified early in the game the seller's damages will be lesser, and maybe the seller will just rescind the contract voluntarily, despite their policy.

Again, read the contract carefully first.

Also, there is a "perfect tender rule" in the law of sales, which means that the goods shipped to you must conform exactly to the sample or description from which you purchased; if the goods deviate in the slightest, you can refuse to accept them. The store then has an opportunity to correct the discrepancy, but sometimes they will give up and refund your money at that point.