Hewlett, NY asked in Banking and Business Law for New York

Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?


we are not a retail establishment

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1 Lawyer Answer
Mathew Paulose Jr.
Mathew Paulose Jr.
  • Business Law Lawyer
  • Bronxville, NY
  • Licensed in New York

A: Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If it's a "no refund" policy, for example, then the merchant would have to live up to just that: no refund. If it is a "refund if not used" policy, then the merchant would have to live up to only that: refund if the items have not been used. Etc. And of course, contract law would also likely apply (whether or not you are a retail establishment), in particular the law of mistake, which may require the incorrect order to be vacated. We do not have sufficient information to provide you with more answers. Please contact an attorney immediately for a more thorough and reliable opinion.

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