Legal Question in Consumer Law in California

rights of a retail business, in regards to refunds.

I am the sales manager for a chain of Mattress/Furniture stores. We have a prominently posted refund policy. The policy is also printed on the back of our receipts. It states that all signed for deliveries of furniture are final. We will accept no returns, offer no refunds, issue no credits and consider no exchanges. Understand that when I say signed for delivery, I mean the customer has signed a delivery receipt accepting the merchandise in good condition.

Despite this clear policy we still get customers who get their credit card companies to chargeback our company. Once this chargeback has taken place, we have a very short period of time to state our case and attempt to overturn the chargeback and get our money back. We are only successful in this about 25% of the time. Even when we have done everything described in the first paragraph.

I have two questions. First, our we within our rights under California state law to have the refund policy that we have. If we are, where can I obtain a copy of the relevant statute(s)? Second, when we fail in our attempt to overturn a credit card company chargeback, what recourse do we have legally? Thanks, in advance, for any help you can provide in this matter


Asked on 3/04/03, 1:43 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: rights of a retail business, in regards to refunds.

Not sure where the statute is located. but you do have a right for the policy you have. As for the chargebacks, the best that you can do is to sue the buyer in small claims court.

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Answered on 3/06/03, 1:07 pm


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