Show #324 Airing Sunday, 1/1/06
It might be better to give than to receive. But, come on, admit it, receiving is fun too! How’d you fare in the gift department this year? I can’t complain, I did well. Except for this shirt. I don’t think I can wear this to court.
What if you received an item that you really don’t want—can you return it? Or are you stuck? In most cases, the answer depends on the store’s return policy.
No law requires retailers to accept returns of items that you just don’t want. Lots of people don’t understand this. There’s no automatic legal right to return or exchange an item, even within three days of the purchase, even if you have the receipt, even if the items have never been used.
But this doesn’t mean you’re stuck with that “unusual” gift. Every store must have a return policy, even if the policy is “no returns.” Stores with policies allowing returns must follow them, and most stores do allow returns.
Stop by the store and check out their return rules. You should find them posted near the cash register or at the entrance. If you don’t see anything, ask at the customer service desk.
Review the return policy carefully. Each store’s rules are different. Many require a receipt, some don’t. Some allow a cash refund, others allow only a store credit. Some will deduct a restocking fee. A store is permitted to adopt a “no return” policy. But Ohio courts have ruled that a store with a “no return” policy must put that in writing and post it in a conspicuous place in the store. If nothing is posted, the store can’t flatly refuse all returns.
The store’s return policy gives you the easiest way to return a holiday gift. But it’s not the only way.
Regardless of the store’s return policy, the law gives you the basic right to return items that are defective or don’t work properly. If you received a sweater with an extra hole, or a shaver that doesn’t shave, you have a right to return it.
You also have a right to return items that were sold deceptively or fraudulently.
Let’s take just a couple of examples. Say your spouse was lured into the store by an ad for a computer or DVD player for sale at a deep, deep discount. But when she got there, she was told that the store had run out of the item. Or the salesperson had told her the item she wanted to buy was really bad, not worth the money, and she was steered to a much more expensive item. If the advertising was deceptive, or your spouse was lured into the store by an offer that the seller never really intended to honor, you may have a legal right to return the item based on the fact that she was deceived or unfairly pressured into buying.
So here’s the bottom line. Hopefully, you didn’t receive any Hawaiian shirts, defective shavers, or other unwanted holiday gifts. If you did, take a trip to the store, today, and talk to the customer service department. If that doesn’t work, ask to speak with a manager. Hopefully, that will be sufficient.
If that fails, get the name and address of the owner or corporate management. Calm persistence is often what it takes to return or exchange holiday gifts.
As a final option, you may take the store to court. In most cases, it’s small claims court. You can sue for three times your actual damages, the amount you actually lost, or $200, whichever is more.
Good luck.
