Selling Used Merchandise as New?

Question

I just bought a holiday ornament from Hallmark this morning. An hour ago I opened it up to take a look and something was wrong. It had no plastic over the ornament which all Hallmark have, and the batteries were inside of it. The compartment holding the batteries in won't stay on and the ornament itself does not work. It's suppose to light up and play music. I bought it on sale of 40% off and I went back just now to exchange or get a refund and was told all sales are final. The owner opened the ornament and said "oh, this was or demo model that was out for ppl to see and play, but your still not getting your money back." After arguing for a few minutes she called the police on me. I waited for the police and he said there wasn't a law he knew of to help and said I should go. All I wanted was preferably a new ornament or my refund. Does this sound legal? Anyone ever have a similar issue? Any suggestions on what I should,could do? I live in Michigan if anyone knows anything.

Thanks.

Answer 1

I'm afraid you have a weak case. There is a law, "beware the buyer" clause, which stipulate that you, as a consumer, must inspect the product carefully for any flaws and defects. The sign likely said "40% off clearance sale." In exchange for receiving this large discount, you agree to accept the product "as is" which is whats implied with the word "clearance." The item is being removed from their inventory, and will not be replenished.

Unless the merchandise is in a factory sealed package, you should always inspect for flaws and defects, before paying for any merchandise. If its a clearance sale (all sales final, no exchange or refund), then you should break the factory seal and inspect the item carefully before paying for it.

Answer 2

Contact your States Trading Standards office (Not sure what MI actually calls it)

It's a civil matter, but not worth a lawsuit over.

A few years ago my kid got a Gameboy from a well-known retailer that turned out to be pre-owned and was scratched. They refused a refund - but changed their minds when he'd been on the sidewalk outside their store with a poster telling what they did for about half an hour. He got a new Gameboy, and an extra game.

Sometimes the law isn't the only - or even the best - recourse.

Richard

Answer 3

Yes, this is a civil matter, not a criminal one.

You will need to look up the statutes in Michigan to see which court level you are to initiate a legal action.

More than likely the court will view the matter as buyer beware, and nothing you can do but accept the item at the discounted price. The item was discounted.

Answer 4

You have no case. On the other hand, since you were so disruptive that Hallmark called the police and the police made YOU leave, they probably have a case against you.