Returns are mostly store policy
A store that refuses to refund a working product is usually within its rights. Return windows, restocking fees and store-credit-only rules are set by the seller, and a number of states require only that the policy be posted clearly. A defective product is a different matter, and warranty law governs it.
The federal cooling-off rule is narrower than its reputation. It gives you three business days to cancel sales of $25 or more made at your home, or $130 or more at temporary locations such as hotel seminars. It does not cover purchases made in a store or online, and there is no three-day right to return a car.
Warranties you did not know you had
Nearly everything sold by a merchant carries an implied warranty of merchantability under state law, meaning the product must do what such products ordinarily do for a reasonable time. It exists whether or not anyone mentions it, although most states let a seller disclaim it with "as is" language.
Under federal law a company generally cannot void a written warranty because you used third-party parts or an independent repair shop. Extended warranties are service contracts sold at a high margin, and they often duplicate existing coverage. Many credit cards add a year to the manufacturer's warranty at no cost.
How to escalate
- Contact the seller with your receipt and name the remedy you want, whether repair, replacement or refund.
- Put the complaint in writing to the company, set a deadline of 10 to 14 days and keep copies.
- Dispute the charge with your card issuer in writing, within 60 days of the statement on which the charge appeared.
- File a complaint with your state attorney general's consumer protection division.
- Sue in small claims court, which handles exactly this kind of dispute.
Debit cards carry weaker dispute rights, and peer-to-peer payments carry almost none.
Other rules worth knowing
A seller taking orders by mail, phone or internet must ship within the time promised, or within 30 days if no time was stated, and must otherwise offer a refund. Merchandise mailed to you unordered is legally a gift. Federal law bars gift cards from expiring for five years. Every state has a lemon law for new cars, typically triggered by three or four failed repairs of one defect within the first year or two.
Tip Photograph the receipt and the serial number on the day you buy anything costly. Thermal paper fades to blank within a year or two, which is about when the product fails.
