Legal Question in Consumer Law in New York

Re: Do I have to refund?

Regardless of whether you have any written policy or not, New York's Uniform Commercial Code does require the seller to provide refunds for defective items when they are returned by the buyer/customer, but ONLY if the items were defective when the buyer/customer initially accepted them, i.e., only if the seller delivered defective merchandise, not if they broke due to the buyer's subsequent negligence or subsequent accident; and only if the defects were not readily apparent, hidden defects, and the customer accepted the merchandise with no knowledge of the defects.

Moreover, the the Uniform Commercial Code ONLY requries that the seller provide a refund at the buyer's demand for SUBSTANTAILLY defective merchandise, i,e., where the defect SUBSTANTIALLY impairs the value of the merchhandise.

Moreover, the customer/buyer is required to return the defective items to the seller within a "reasonable time" sufficient to discover the defects and promptly return them to the seller in order to require the refund to the buyer.

The relevant statutes for the above are Sections 2-608 and 2-711(1) of the Uniform Commerical Code (UCC) in New York''s Consolidated Laws. You may also find New York's "perfect tender" rule and Sections 2-508, 2-601, 2-606,

2-607(1), and 2-612 of the Uniform Commercial Code to be instructive on these and related matters and you can access the Uniform Commercial Code by way of a variety of search queries on the Inrternet, e.g., UCC 2-508 2-601 2-602 2-607 2-608 2-612 2-711, etc.