Does a Store Have To Give a Refund on a Return?
By Hannah Hilst | Legally reviewed by Melissa Bender, Esq. | Last reviewed November 30, 2023
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No state or federal law requires retailers to refund your money if you change your mind about a product. Instead, many retailers voluntarily accept returns as part of their business practices.
A retailer must accept returns if the product is defective or if it otherwise breaches a warranty or term of the sales contract. For more information, see FindLaw's Product Warranties and Returns section.
Retail Return and Refund Laws
Some states have unique laws for consumer refunds. States with these laws often require sellers to display refund policies and disclosures where you can easily see them before buying a product. For example, the seller may post a sign near the cash register.
For example, in California, retailers must clearly show their refund policy unless they offer a full cash refund, exchange, or store credit within seven days of the purchase date. Retailers that fail to meet this requirement must accept full refunds within 30 days of purchase.
Similarly, New York stores must also post their return policies. Otherwise, the law requires stores to accept returns within 30 days of purchase.
Return rules depend on state law. Many states allow retailers to set their own refund and exchange policies. To learn whether your state has a specific refund law, see Customer Returns and Refund Laws by State.
Repairs and Replacements Under Warranties
Warranties are essentially promises from the seller to the buyer before the time of sale. These promises often help customers decide whether to buy an item.
A product's warranties can affect whether you can get a refund or repair under the law. Warranties matter if the seller leads you to believe something that isn't true about the product's quality or function.
Express Warranties
There are three ways a seller can create an express warranty, including:
- The seller's representation of a fact related to the product to the buyer
- A product description
- A model or sample of the product
An express warranty could be verbal, such as during a negotiation or sales pitch. Or, it could appear in writing, such as in the packaging, an ad, or a sales contract.
If the product falls short of the express warranty, the manufacturer or retailer must fix or replace the product for no extra charge. A manufacturer or seller might fail to fix the issue after a reasonable period of time or repair attempts. In this case, they must either refund the purchase price or replace the product.
Implied Warranties
State laws set implied warranties for product sales. Generally, an implied warranty means the product will work as intended. The seller must make good on that promise by repairing or replacing the product if it doesn't work, or providing a refund of the purchase price.
The implied warranty of merchantability requires that the product fits the standard of quality for ordinary use. For example, a coffee device should make coffee and have proper labels for operation. It should meet the minimum quality consumers expect from other coffee maker sellers selling similar products.
On the other hand, the implied warranty of fitness relates to a specific use. The seller might know that a buyer needs the product for a particular purpose and relies on the seller to recommend a product. For example, if a buyer tells a salesperson they want a sleeping bag for sub-zero conditions, the seller implies that whichever one they recommend is fit for use in extreme cold.
Can a Store Legally Deduct Money From a Refund?
Sometimes, sellers may only give you a partial refund. Read the store policies before buying a product to understand the potential costs of a return. State consumer protection laws often require retailers to display disclaimers for refund deductions.
Restocking fees are a common reason you might not get a full refund of the original purchase price. Shipping costs are another typical refund deduction, especially for online orders. The seller might send you a label, but read the fine print to check whether you will pay the transportation fees.
Different laws apply to defective products. Sellers and manufacturers generally cannot withhold part of your refund for costs like product defect repair attempts or processing.
Can I Choose the Method of Refund?
You might not always have a choice between different return options. The form of refund typically depends on a store's policy.
Some policies set a time limit from the date of purchase to get a refund on your credit card or original form of payment. Alternatively, retailers might only issue store credit for returns.
You might be unable to return a product in some cases, such as final sale and perishable items. A store could decide whether to issue a refund based on whether you have proof of purchase and the original packaging. Learn more about when a seller can refuse to refund you for the item.
Getting Legal Help
Understanding refund laws and warranties can be frustrating. Your state's attorney general may offer some guidance, but store refund problems can be complex. You can contact a consumer protection attorney to get legal assistance.
Can I Solve This on My Own or Do I Need an Attorney?
- Consumer legal issues typically need an attorney's support
- You can hire an attorney to enforce your rights for safe products, fair transactions, and legal credit, banking and related financial matters
Legal cases for identify theft, scams, or the Equal Credit Opportunity Act can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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