Legal Question in Consumer Law in California

Hello,

I purchased some motorcycle products from a store online on 8/1/11. The salesperson said they had the parts in stock and could ship them out that day to have them by 8/2/11. I received the packages no problem. However due to a financial issue I need to return them for a refund. I called the salesperson on 8/3/11 and asked them when I could return the items. He said that I could not return the items for a refund or store credit. I have looked at their online policy and unless the items are custom made which they were not according to the person and their site as they sell them I can get refund, I think. I attacjed their policy below. Thanks for any advice.

CUSTOM ORDERS: A 50% deposit is required for all custom orders. Please allow 30-120 days shipping time. No returns or refunds are available for custom orders.

FOREIGN ORDERS: Must be pre-paid in US Money Order, Certified Bank Draft or letter of credit US funds only. Orders are shipped freight and duty collect.

RETURNS: No returns will be accepted without prior approval. All returned merchandise must be accompanied by a copy of the original invoice. All returns will be inspected and are subject to a 15% restocking fee. Returns due to shipping error or manufacturer defect will be replaced immediately. No returns after 30 days from invoice date. All refused shipments must be in new condition for resale and are subject to a 10% restocking fee and all freight charges. Attack Performance products purchased through another reseller must be returned through them. No returns on special orders.


Asked on 8/03/11, 2:11 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

It does appear that they made it clear that they do not need to accept returns, without prior confirmation. If they do accept the returns, then the re-stocking charges will apply.

Sometimes an agressive attorney can attempt to prove that the offer of return was unreasonably withheld by the company, and you will need to pay your attorney to learn what the company's prior return procedures and upon what terms returns were accepted or denied.

That will be $10,000.00 please.

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Answered on 8/03/11, 3:02 pm


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