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Can a Seller Refuse a Refund on a Product That Has Not Shipped

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  • 10-19-2016, 12:01 PM
    lawfacts
    Can a Seller Refuse a Refund on a Product That Has Not Shipped
    A consumer purchased a sofa from an online retailer, and ordered some customization of the sofa. The retailer contacted the consumer a week later and told the consumer that there were delays at the manufacturing facility, and that the product would arrive late. The retailer included in that message a notice that purchases could not be canceled once they were in shipment to the customer. The customer thought about it, then decided to cancel. The retailer responded that they could not cancel an order for a custom product once the manufacturer had started production, and that work had begun on the sofa.

    Can the consumer cancel the sale? Is the statement in the first email, that cancellation is possible prior to shipment, binding?
  • 11-19-2016, 10:25 AM
    Mr. Knowitall
    Re: Can a Seller Refuse a Refund on a Product That Has Not Shipped
    It is common for custom furniture orders to be final once production begins. That may be among the terms the consumer accepted when placing the order.

    It is possible that the language in the email about cancellation prior to shipment is a standard clause, that applies in addition to the restriction on cancellation of custom furniture. That is, no order can be cancelled after shipment, but custom orders also cannot be cancelled after production begins.

    There is no way to answer the question in a conclusive manner without reviewing all contracts / terms of sale.
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