When purchasing an item from a store am bound legally by a store's return policy?

Question

What's the law, how is it enforced and can it be challenged? Some stores make you sign them, does that make it any different.

Should have read: When purchasing an item from a store am I bound legally by a store's return policy?

Answer 1

Yep, when you purchase something from a store and you make an exchange (in this case, currency for goods) you are both bound by your commitments. You are bound to the stores policy because you entered into that agreement by making the exchange. It is enforced by the retailer itself through its policies and administration. It is challenged by finding language on the back of the reciept or the policy that is undefined and/or difficult to understand. If you can indeed prove that the language is difficult to understand then you could not have been aware of the policy and thus, the agreement is breached. It is a matter of logic.

Answer 2

everyone else is pretty right but I would explain it a bit different...

When you buy something from a store, you're entering into a contract. The store's refund policy, say, on a sign or something next to the register, will form part of the terms of that contract as long as you could reasonably be expected to be aware of those terms when you made the purchase. A signature isnt neccessary to make the contract complete, but the store would feel more confident if you had signed something.

laws in your jurisdiction will probably insert mandatory terms in the contract, eg., that the product does what it's supposed to do, and that it's free of any faults you couldnt be expected to be aware of when you bought it. If these terms are breached you will be able to return for refund or maybe only replacement.

If the shop doesnt give you what you think you're entitled to, the only way to enforce the contract is through civil action. Talk to a lawyer if you think you have a case.

Answer 3

Not necessarily, as some state have specific rules regarding retail returns, warranty's, etc. Most retailers are not in the business of refusing a return for any valid reason. Time restrictions, such as a ninety day limit usually work in accordance with the item's warranty. The signature some stores have you sign is usually because the initial purchase was done either by check or credit card, or the item was priced past a certain dollar value -what they call a 'big ticket' item- and the store wants to keep a record of the return.

Answer 4

Well, you're bound in the sense that the store has the right to set whatever rules it wishes for returns, and if you do not meet those rules or conditions, they are under no obligation to accept and process the return.

Answer 5

The store doesn't have to state it's policies at all. They are arbitrary, however, the law does protect you with regards to the merchantability of the merchandise. It must do what it is intended to do.