Oceanside, CA asked in Consumer Law for California

Q: I bought a flat iron at my local mall , I paid $216.00 for a faulted product and they will not take returns.

They demonstrated on my hair and it worked beautifully, however I bought one and it doesn’t work the same at all.

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1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Sacramento, CA
  • Licensed in California

A: California common law carries an implied warranty of merchantability and an implied warranty of fitness for a particular purpose. This means that, even if a company does not accept returns, they must still refund you if the product that you purchased was not "merchantable" -- which is just a fancy word to mean that it does not work or function like the way it should be working or functioning.

Unless the item was sold "as is" and disclaimed these implied warranties, you should be able to get a refund for the item that you purchased by citing California warranty law.

It would also behoove you to look up the California Song-Beverly Consumer Warranty Act (§§ 1790 to 1795.8 of the California Civil Code), which codifies these implies warranties.

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