Esquire08 Offline Upload & Sell: Off
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p.1 #20 · Great Service Canoga Camera | |
TrojanHorse wrote:
Esquire08 wrote:
You see, when you purchase something, it technically does not fall within any store policies until you have had a reasonable amount of time to inspect it and ensure it is of merchantable quality (meaning it works as advertised).
This is the case for anything--be it a video game or even a car; people just don't know this. If you purchased a game from a Big Box retailer, and it doesn't work in your Xbox360, you do NOT have to exchange it for an identical game; you can return it for a full refund. Likewise, if you purchased a car and it fell apart as you drove it off the car dealership, you get your money back. The return policies are there to deter you from asserting you rights under the UCC and Magnuson-Moss laws.
How do you explain restocking fees in this case? And does your statement require that the product NOT function in the manner described? I'm not the kind of guy that buys things on a whim and returns them, I'm just curious. TIA for any insight.
Restocking fees, or any fees for that matter, are a part of your contract with the seller. You do not enter that contract until you have had that reasonable time to inspect the goods. So lets say you purchase a laptop and it runs horribly right out of the box. Under the UCC, you have no obligation to exchange the product for an identical item; you can simply return it and get ALL of your money back. There is absolutely no requirement for you to comply with seller's return-policy terms when you are still in the inspection stage. That stage might be short (a day) or could be longer (a week or two) depending on the circumstances.
It does pretty much require a defective or non-functioning product. If the lens were soft, maybe you can make an argument that the lens is not merchantable (who would buy a soft lens?). If it just didn't live up to the hype (note: hype, not consistently observed results) you expected (a 50 f/1.2L razor sharp wide open), your argument gets progressively harder.
Think of it like a test drive. You get a chance to review the product and ensure it is what you want and functions the way described.
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