Legal Question in Consumer Law in Texas

Buying and Returning

I purchased a Total Gym from Chuck Norris. I paid the postage and first month payment, and 3 more months(39.00). Then I couldn't afford it anymore and I told them I would return it, they said I couldn't that I had to continue making my payments or I would be prosecuted.

Can they do that?

A friend told me that if a company sends something to you, whether you ordered it or not, you do not have to pay for it, nor do you have to send it back. That doesn't seem right to me. Thank you.


Asked on 1/20/04, 3:15 pm

1 Answer from Attorneys
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Buying and Returning

Your friend is wrong. Generally, if you buy something, you have to pay for it. When you buy something in a place not ordinarily where the thing is sold, you have 3 days "cooling off period" during which you can cancel your order. Sounds to me like this period has long passed. The Total Gym website does not provide any terms regarding the installment sales of their systems except payment terms, a 60-day satisfaction guarantee and manufacturer's defect warranty. If these are the only terms of your purchase, unless you have claims under the guarantee or warranty, you are bound by the payment terms. The seller does not have to accept a return, and they can use all legal means to try to collect from you.

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Answered on 1/20/04, 6:47 pm


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