Legal Question in Consumer Law in California
Software Returns
Alright, I've been racking my brain over this:
If a consumer were to purchase computer software from a local retail store in CA, is the customer entitled to a refund if he/she brings the product back?
Now, I've checked the UCC (as much of it as I understood) and all that seems to suggest is DEFECTIVE software. But, does the consumer have any rights to a refund on non-defective software?
While on the subject, my Nolo guide states that a retailer can have a no-return policy if the return is posted...does this mean that a retailer can choose to not return something even if it has a slight defect? Also, if the retailer posts that defective software must be exchanged for the same product, does this violate the consumer rights in the UCC?
As you can see, I'm very confused. Any help would be greatly appreciated. Thank you!
3 Answers from Attorneys
Re: Software Returns
A lot of stores have a policy that if the software is opened, they will not provide a refund. Some might exchange it for something else, though.
Re: Software Returns
It is common for stores not to take software refunds. Once you install it, they cant get it back. Most policies are clearly written out.
Re: Software Returns
Most software comes with a "license agreement" that you are supposed to "agree" to by clicking on a box, or opening the package. Some of these "license agreements" provide that if you don't agree to their terms, you have the right to return the product to the store. So, if I were you, I would return the product and tell them you don't agree to the "license agreement." However, you should expect a hard time at best.
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