Legal Question in Business Law in Washington
Customer demanding refund after 3 years
A lady who purchased a home party start up kit from me in june 2003 has recently popped up claiming she never got it (my phone-address & website has remained the same since this purchase yet she says she couldn't find me) and demands her money back. She says she will sue me and report me to various agencies if I don't give it to her. My question: Am I legally obligated to send a refund for a product I did ship out 3 yrs ago? If so do I have to send money or can I send a duplicate package of what was purchased originally? If I filed bankruptcy after this sale and am a sole proprietorship do I owe her the money? I unfortunately lost the shipping receipt so I can not prove I shipped it. She says she will drop it if I pay her but I don't believe her.
1 Answer from Attorneys
Re: Customer demanding refund after 3 years
There are two sides to every story, but considering that she waited three years and nine months to contact you about the missing item, and she is now making threats to defame you, this sounds a bit suspect.
Your statute of limitations on this is four years from the time she knew or should have known there was a problem.
Much depends on what other paperwork is in existence. Did you give her a receipt (with your contact information) when she bought the kit? Do you have other business records that you regularly keep that indicate that the kit was shipped? Is there any kind of contract between you? (Often the manufacturer will provide something that the customer must sign when purchasing.) If so, that contract would control what remedies are available to her.
Also, if you are distributing these startup kits on behalf of a larger manufacturer (such as Tupperware), you might want to contact them and see if they have a policy or any guidance about this type of situation, which I would imagine happens more often than you may think.
Unfortunately, I can't really tell you much more that is definitive about your rights until or unless I know something about the paperwork questions I posted above, and also a little more about the bankruptcy. However, her case, based on what you have said, just does not pass the smell test. If the amount in question is significant, get some further input before you just pay her.
Good luck
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