Legal Question in Consumer Law in Texas

I purchased a treadmill from a store in Dallas with a no return-all sales final on the receipt. I live in a small apartment and did not have enough room for it. I was financing $1450.50 through GE. I contacted the store, Plano Busybody/Fitcorp USA, Craig Lewin, Executive Vice President and he said they would go ahead and let me return it but that there would be a restocking fee.

Upon returning it, I found out that they are crediting me $599.70 and still charging me $850.80 through GE. The $850.80 includes $145 delivery and $145 pick-up, plus $61.65 processing fee for a 12-month no interest account. Which means they are charging me $499.15 as a restocking fee. Isn't that unreasonable?


Asked on 4/24/12, 11:28 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Yes, it's unreasonable; however, because the return isn't based on the product being defective, but is based on "customer remorse," I'd take their deal. They didn't have to allow the return at all.

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Answered on 4/24/12, 11:44 am


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