Legal Question in Credit and Debt Law in California
seller breach failure to deliver goods. If I purchased an item and it was not delivered in the quoted time, the seller continually claims the item will arrive "next week", and the seller has a no refund policy, Do they have any obligation to return my money?
2 Answers from Attorneys
In very basic terms, if the seller has breached their agreement to deliver the goods, you are entitled to cancel the contract, usually in writing, and demand restitution (i.e. refund on the purchase price). There may be other remedies as well, but that will depend on additional facts.
Mr. Jordan is correct. If the agreement calls for delivery by a date stated, you are entitled to cancel after that date and obtain a full refund if delivery is not made. A no refund policy cannot trump the California Commercial Code laws governing sale of goods. They can have a no refund or returns, but not a no refund if deliver is not made by a date specifically agreed upon, or a reasonable time if no date is specified.
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