Los Angeles, CA asked in Consumer Law for California

Q: can online customers request a return for the prodcuts and a refund after 35 days of receivng the products in CA?

I have a s corporation in Calofornia .I have sold office furniture to a customer out of state of california througn our on line store , and delivered the products. The customer is asking for a ruturn and a refund after 35 days of receiving the products? He paid through Amex! Can he do this ? Althogh, we had things very clearly written Can I return the products after i purchase? "Yes, ONLY if they have manufacturing defects, and if this takes place within one week from the delivery date and after obtaining a verification certificate from a third-party inspection firm. However, the customer will be responsible for  paying  for the shipping charges/crates to our warehouse in Los Angeles, in addition to a 25% re-stocking fee. Most importantly, the  products are to be returned on their original packing status received. and not un-packed /opened or installed. As this will revoke the return option, and all sales is considered final.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the specifics of return and refund policies for online sales can largely be determined by the seller, as long as these policies are clearly communicated to the buyer before the purchase is completed. If your return policy was prominently displayed and accessible to the customer before they completed their purchase, and it specifies that returns and refunds are only accepted under certain conditions within a week from the delivery date, this policy generally stands.

In your case, the customer's request for a return and refund after 35 days falls outside the one-week window you have stipulated for returns due to manufacturing defects. Additionally, the condition that products must be returned in their original packing status and not opened or installed is a critical part of your policy. If the customer's situation does not meet these criteria, then under your clearly stated policy, you are not obligated to accept the return or issue a refund.

However, since the customer paid through American Express, they might attempt to initiate a chargeback if they feel their case warrants it. It would be wise to communicate directly with the customer to explain your return policy and how it applies to their request. Documenting all communications and any agreements reached can be beneficial. If necessary, seek legal advice to ensure that you're navigating this situation in full compliance with applicable laws and regulations.

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