Carlsbad, CA asked in Consumer Law, Contracts and Civil Litigation for California

Q: The basis of the issue im having is in regards to the return policies of a big box store. See more info

The store sold me multiple high valued items (original order total nearing $10k) that included "free gifts" with purchase (Billed as separate items on the receipt with a cost of $0). I returned the paid items in store, and was issued a return in full. They have now retroactively requested I return the free items. Do they have a right to demand this? If so could I be legally liable if I don't return the items?

Thanks for your time.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the terms of the sale and the store's return policy generally govern the issue. If the return policy explicitly states that free gifts must be returned upon returning the purchased items, then the store has the right to request their return. This is because the free gifts were conditional on the purchase of the main items.

You should review the terms and conditions that were provided at the time of purchase, especially any documentation or receipt that mentions the free gifts. If the store's policy was clear about needing to return the free items if the main items are returned, then you are likely obligated to comply.

Failure to return the free items could potentially result in the store taking further action to recover their value. This might include contacting you to request the return or even pursuing legal remedies. It’s important to address their request promptly and seek clarification from the store if you have any questions about their policy.

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