Q: Can a tobacco shop refuse a refund for selling moldy/unusable/unsafe tobacco?
I went to The Tobacco Shoppe on 4857 S Westnedge Ave, Kalamazoo, Michigan to pick up some Tobacco for my mother. Upon returning home, she opened it to find mold all throughout the tobacco. The clerk claimed they just received the shipment, but the canister was layered with dust, and possessed wraps for the tobacco that the company stopped shipping in it's containers months ago. The store has a no refunds/returns policy. Is that acceptable when they sold an unsafe, unusable product?
A:
A no-returns policy is not enforceable if the product was defective or not as represented. The Michigan attorney general has more information on this topic at: https://www.michigan.gov/ag/0,4534,7-359-81903_20942-44683--,00.html
That page includes the following information:
"If you have received goods that are defective or not as represented, but the merchant still refuses to allow you to return the merchandise, or if you discover that the merchant is not honoring its return policy, you have a legitimate complaint. If you paid by credit card, you may wish to contact your credit card company, dispute the charges, and request a "charge back."
Consumers may contact the Attorney General's Consumer Protection Division at:
Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909
517-373-1140
Fax: 517-241-3771
Toll free: 877-765-8388
www.michigan.gov/ag (online complaint form)"
As always, this is a response to a hypothetical question. Be sure to talk to a qualified attorney about your specific situation before taking any action.
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