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Return Policy Disclosure Laws for Online Purchases

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  • 01-17-2017, 05:20 PM
    rtsai
    Return Policy Disclosure Laws for Online Purchases
    My question involves a consumer law issue in the State of: California
    I purchased an item online and was not happy with the performance. It was an electronic scooter and was advertised as great for uphills. It did not perform good on hills at all. I tried to return the item but was informed that all sales are final. They said that it their policy is posted all over the website and that I signed off on the policy before making the purchase. I was not made aware of the stores return policy on their website and did not sign off on their policy. I went through the checkout process again and discovered why. The terms and conditions acknowledgement window only pops up if you choose checkout with credit card. If you choose checkout with paypal it takes you directly to paypal without notifying you of their policies.

    After trying to find their return policy I noticed that it is located through a link under their warranty policy. Is putting the return policy under a link titled warranty acceptable? I feel that the return policy should have been under a link titled terms and conditions or on a separate link titled return policy. I don't feel that the all sales are final was properly disclosed. What are my options?
  • 01-17-2017, 06:04 PM
    adjusterjack
    Re: Return Policy Disclosure for Online Purchases
    If the item has a manufacture defect you contact the manufacturer under warranty.

    If it doesn't, then you are stuck with the terms and conditions that the seller posted on his website, which you were apparently able to find after the purchase which means you should have been able to find them before the sale had you looked.

    With as many years as etailing has been around buyers should understand that and look carefully before purchase.
  • 01-17-2017, 06:37 PM
    Mr. Knowitall
    Re: Return Policy Disclosure Laws for Online Purchases
    Is this vendor located in California, or is it located in some other state or country?
  • 01-17-2017, 07:50 PM
    rtsai
    Re: Return Policy Disclosure Laws for Online Purchases
    Vendor is located in California
  • 01-17-2017, 09:00 PM
    jk
    Re: Return Policy Disclosure Laws for Online Purchases
    Quote:

    (1) Before accepting any payment or processing any debit or credit charge or funds transfer, the vendor shall disclose to the buyer in writing or by electronic means of communication, such as e-mail or an on-screen notice, the vendor's return and refund policy, the legal name under which the business is conducted and, except as provided in paragraph (3), the complete street address from which the business is actually conducted.
    Quote:

    (2) If the disclosure of the vendor's legal name and address information required by this subdivision is made by on-screen notice, all of the following shall apply:

    (A) The disclosure of the legal name and address information shall appear on any of the following:  (i) the first screen displayed when the vendor's electronic site is accessed, (ii) on the screen on which goods or services are first offered, (iii) on the screen on which a buyer may place the order for goods or services, (iv) on the screen on which the buyer may enter payment information, such as a credit card account number, or (v) for nonbrowser-based technologies, in a manner that gives the user a reasonable opportunity to review that information.  The communication of that disclosure shall not be structured to be smaller or less legible than the text of the offer of the goods or services.
    it would appear they did not provide their return policy as the law requires.
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