Q: Online purchase
I bought a bike online and i returned it after 10 days because the bike had problem in their policy was 10% to 30% penalty of bike’s costs now my question is could they get this penalty?
A: Dear cyclist,
Unfortunately, we're missing some relevant information to provide an evaluation. If the bike had a problem that could be fixed under warranty, the business should fix it free of charge. If you simply want to return it, it is reasonable that they have a restocking policy or other charge for a return after 10 days of use. 30% would certainly seem excessive. It also sounds like at least some of the charge would be related to the cost of return shipping. Seems like you're in an unfortunate situation exacerbated with COVID19. Otherwise you could have supported your local bike shop and taken a test ride, etc. I hope you're able to work this out.
A: Typical Attorney Response: MAYBE. Sometimes companies impose "policies" that are prohibited by law. They get away with it because people don't know the law. At least you sought advice here.
In California you are protected by the Song-Beverly Consumer Warranty Act (CC §§1790 et seq). One of the provisions of this is that all new goods come with certain implied warranties for their fitness, unless the seller sells the goods "as is". The goods sold on an “as is” or “with all faults” basis must bear a CONSPICUOUS NOTICE advising the buyer of the risks involved (e.g., that the buyer bears the entire risk as to quality and performance and the cost of servicing or repair) in order for the implied warranties to be disclaimed. This shop isn't doing you a FAVOR by taking back the bike, they are required to and to refund you 100% of your money. WHEN THE RETURN IS DUE TO A DEFECT. As said elsewhere, if you did not like it for personal reasons, you pay the restocking fee because now the "new" bike is a "used." bike.
A manufacturer who does not service or repair the defective goods after a “reasonable number of attempts” must replace the product or reimburse the purchase price less the amount attributed to the buyer’s use before discovery of the defect. CC §1793.2(d)(1). The buyer has a right to choose whether to receive a replacement or a refund; the manufacturer cannot force the buyer to accept a replacement. Music Acceptance Corp. v Lofing (1995) 32 CA4th 610, 620–621; see CC §1794(b).
If they willfully violate the warranty, you can recover a civil penalty not to exceed two times the amount of actual damages. CC §1794(c). Plus costs of suit. Now your problem is where can you find them to sue them in Small Claims. The value is the 30% times 3. Hey, this is almost the entire cost of the bike.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.