Retailer Refusing Refund on Defective Merchandise

[somfox]

My question involves a consumer law issue in the State of: California
I recently bought a 47inc LG LCD tv from Linder's Furniture. Upon getting the set home and having cable installed I discovered it was defective. I went to return the tv in its original packaging with the receipt to Linder's Corporate warehouse within seven days. My return was refused, I was told I needed a manager to approve the return. All managers were out until Wednesday. I returned with the tv on Wednesday, this time I came with all the California Civil Codes and the UCC codes that pertained to my returned. I asked to speak to a manager who immeditately refused my return. I asked to speak to her manager and was met face to face with the Director of Operations. I explained that I purchased the tv and it was defective and I wanted a refund and that under California Law he had to accept my refund. I showed him the Civil Codes and asked for my refund. He was rude and asked if I was some kind of lawyer I told him no just an informed consumer. He flat out refused my return. When I asked under what grounds he ignored my question and walked away leaving me standing there with my defective tv. Is my only option going to small claims? I'm not crazy right? They have to refund my money and they can't make me have the Manufactor fix the tv correct? Please Help.

[aaron]

Was the purchase made at the corporate warehouse?

Was the item was sold "as is"?

[somfox]

Was the purchase made at the corporate warehouse?

Was the item was sold "as is"?

The item was picked up there and customer service is handled there. The item was sold New. And no special or alternate refund polcies posted any where in the retail store. Only on the back of the receipt and not at all Conspicuous.

[Mr. Knowitall]

And the notice on the back of the receipt says what?

[somfox]

And the notice on the back of the receipt says what?

It states: Warranties: Except as expressly set forth herein, we make no warranty of any kind, express or impied, by operation of law or otherwise, including but not limited to any express or iimplied warranty as to merchantability or fitness for a particular purpose.

Which doesn't matter because in the state of California No retailer can waive the implied warranty law unless the unit is sold AS IS. Which mine was clearly NOT!

Also:All delivered and picked-up sales are final. Should Linders agree to a cancellation after delivery or pick-up, there will be a minimu 30% restocking charge. Any returns, exchanges, or rufunds are at Linders' discretion and approval only. In the event of an approved return, delivery charges are not refundable, and an additional charge for us to pick-up the merchandise will apply. Items must be in unused condition and within 5 days of your delivery or pick-up.

California Civil Code 1723 a) Every retail seller which sells goods to the public in
this state that has a policy as to any of those goods of not giving
full cash or credit refunds, or of not allowing equal exchanges, or
any combination thereof, for at least seven days following purchase
of the goods if they are returned and proof of their purchase is
presented, shall conspicuously display that policy either on signs
posted at each cash register and sales counter, at each public
entrance, on tags attached to each item sold under that policy, or on
the retail seller's order forms, if any. This display shall state
the store's policy, including, but not limited to, whether cash
refund, store credit, or exchanges will be given for the full amount
of the purchase price; the applicable time period; the types of
merchandise which are covered by the policy; and any other conditions
which govern the refund, credit, or exchange of merchandise.

The UCC states b) "Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. A term in an electronic record intended to evoke a response by an electronic agent is conspicuous if it is presented in a form that would enable a reasonably configured electronic agent to take it into account or react to it without review of the record by an individual. Whether a term is "conspicuous" or not is a decision for the court. Conspicuous terms include the following:

(i) for a person:

(A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and

(B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language; and

(ii) for a person or an electronic agent, a term that is so placed in a record or display that the person or electronic agent may not proceed without taking action with respect to the particular term.

Also the California Attoney Gereral's DOJ website states: Consumers have come to expect stores or catalog companies to offer a refund, credit or exchange when they return items. Sellers are not required by law to accept returned items unless they are defective. However, California law requires that retailers who have a policy of not providing a cash refund, credit or exchange when an item is returned with proof of purchase within 7 days of purchase must inform consumers about their refund policies by conspicuously placing a written notice about their policies, in language that consumers can understand, so that it can be easily seen and read. Some companies may limit exchanges or returns for credit or refunds on all, or some products. Some may not allow exchanges or returns for credit or refunds at all. But whatever the limitation, it must be conspicuously disclosed. Before making a purchase, carefully check the store's policy.

The policy must be displayed either at each entrance to the store, at each cash register and sales counter, on tags attached to each item, or on the company's order forms, if any.
[*]A return policy printed only on a receipt, for example, is not sufficient.

If a store violates this law (California Civil Code section 1723), the purchaser can return an item for a full refund within 30 days of purchase.

SO: Linder's is in violation in many ways as I see it. I just want to make sure that I am inturpiting the law correctly.