Legal Question in Business Law in New York

Do I owe customer a refund?

I run a small website business selling custom framed work. I recently had a customer call me to complain that they were not satisfied with their order and since this was my very first complaint, I agreed to issue them a refund. I advised them to send the order back in its original packing and to insure it for the full value of the item. The item was not sent back in its original packaging and arrived with a crack in it. I wrote back to the customer and advised them that it arrived broken and I needed to file a claim with the post office before I can issue them a refund. I requested them to provide me with a copy of their receipt for insurance since the p.o. required this. This was a week ago and they have not responded.

When the customer originally called, he advised that the order was ''not what he expected''. However, I have a description clearly shown on the front page of my website detailing what I do the materials I use + lots of photos.I also have a ''no-refund'' policy clearly stated on my website. I have a feeling that they did not insure it for the full value and may have gone ahead and disputed the charge on their credit card.

Am I obligated to issue them a refund at all at this point? What should I do?


Asked on 5/06/05, 5:36 am

1 Answer from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Do I owe customer a refund?

Your no refund rule may not apply of it arrived damaged. Did they say they received it damaged? You can follow your rules, but use your commen sense regarding dealing with customers like this. If they don't respond, I'd put it on the side and wait.

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Answered on 5/06/05, 6:01 am


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