Return policy and legal rights question?
My mom ordered a dress for my bros wedding and the store does not accept returns. After waiting for two weeks the company said the dress she wanted was no longer available so they ordered a similar one for her. When she received the dress it was completely wrinkled, poor quality, and threads were coming out of some seams. She ordered the dress to have extra length and it does not appear to be and the store does not have the dimesions that it should be to check. The jacket it came with would barely fit a child. Despite the no return policy (and horrible customer service), does she have the right to return it if she is completely unsatisfied?
Answers:
Generally, a POSTED no return policy means no returns. HOWEVER, this is not the item she ordered. So I would say this means she has the right to accept or reject the replaced item. Especially if she never saw it before they ordered it. Tell her to go back to the store with the dress and explain that it is "Unsuitable for a particular purpose." Also, it is not the item that was originally ordered, and that she would never have ordered an item that did not fit. If the company does not take the dress back, sue them in small claims court.The item switch, in my opinion, negates the no return clause. When they did not deliver the particular item ordered, the sale became subject to your mom's approval.
EDIT FOR ASKER:
She might have agreed to the different dress, but it was STILL subject to approval. Go at this hard. Dont let them screw her.
I think you should try suing in small claims because even though they tried to replace the dress with a similar one, that isn't right. You should be entitled to some restitution of your money. good luck.
A return policy only applies if the customer took (accepted) the product in the first place.
The company cannot send a replacement that was not the product ordered -- "similar" is not the same, and under the perfect tender rule, that's non-conformance on their part.
She can return the substitute dress, because it's not what she ordered. But she must do it quickly, and notify the company immediately that she is returning the dress because it was not the product she ordered.
It is NOT the dress she ordered and she should send it back and then notify her credit card company that the charge on her account is not valid...explain why. No one has to pay for a product they did NOT order.
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