Legal Question in Business Law in California
Legality of a " no return policy "
Can a business legally have a "No Return" policy? I thought such things were not allowed under the UCC. My 80 year old mother bought a walker and after 2 days, she realizes that she made a mistake and she ended up using her old walker. She told me that when she bought it the salesman told her there are "No Returns", and she left it at that. I told her I would attempt to return the walker, but before I go, I wanted to know whether or not such a policy is valid. The thing cost my mom over $200 and still has the protective plastic covering the wheels, and all tags attached. FYI the new walker has wheels and my mom does not feel that it is stable enough for her, would the "Implied Warranty of Fitness" apply here? Thank's a million!
2 Answers from Attorneys
Re: Legality of a
The sale is complete. The seller has no obligation to take the product back, unless it was defective in the first place. You mention lack of stability, but that may be a matter of your mother's preference not a defect in the walker.
Re: Legality of a
Jeff is right in that a no return policy is legal but i might add that the the "Implied Warranty of Fitness" is an exception to the rule so you might try and argue that if you go to small claims court.
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