Buying an Item As a Minor

[Bryce1993]

What is the name of your state (only U.S. law)?

California

Anyways, here is my question, and it's really urgent.

I have recently learned that, as a minor, buying an item (that isn't a necessity) from a store yields different laws than if you weren't a minor. Basically, if you are a minor you can return the item without worrying about the Return Policy because as a minor the contract can be rescinded or isn't valid to begin with (something along those lines). Anyways, my question is:

If you buy an item (not a necessity) from a store, let's say a video game store, and want to return it 1 day after the return policy expires (you're still a minor) you can. BUT, what if you used your parents credit or debit card? Would this make the buyer techincally be your parents, therefore the return policy is valid because they are not minors.


Anyways Im sure I didn't explain this question well so here's the simpler version. If you buy something with someone else's credit or debit card (they give you permission) who actually is the legal buyer of that?

THANKS AND ITS URGENTTTT

 

[Zigner]

What is the name of your state (only U.S. law)?

California

Anyways, here is my question, and it's really urgent.

I have recently learned that, as a minor, buying an item (that isn't a necessity) from a store yields different laws than if you weren't a minor. Basically, if you are a minor you can return the item without worrying about the Return Policy because as a minor the contract can be rescinded or isn't valid to begin with (something along those lines). Anyways, my question is:

If you buy an item (not a necessity) from a store, let's say a video game store, and want to return it 1 day after the return policy expires (you're still a minor) you can. BUT, what if you used your parents credit or debit card? Would this make the buyer techincally be your parents, therefore the return policy is valid because they are not minors.


Anyways Im sure I didn't explain this question well so here's the simpler version. If you buy something with someone else's credit or debit card (they give you permission) who actually is the legal buyer of that?

THANKS AND ITS URGENTTTT

Can you return the item in its original, unopened state?

 

[Bryce1993]

Can you return the item in its original, unopened state?

Yes within 1 month. But that shouldn't matter. I'm talking about if I use it and return it, which you are allowed to do as a minor, but I bought it with my parent's debit or credit card.

 

[racer72]

The right to rescind a contract generally only applies if there is an age restriction put in place for the purchase. In your case, being a minor does not exclude you from the store's return policy. The legal purchaser is irrelevant for your problem. Enjoy your game.

 

[Antigone*]

Yes within 1 month. But that shouldn't matter. I'm talking about if I use it and return it, which you are allowed to do as a minor, but I bought it with my parent's debit or credit card.

You didn't buy it

... and if mom and dad say they didn't buy it then they'll have to file an identity theft case guess who can be charged with that, whether he is a minor or not.

 

[Banned_Princess]

Being a minor does not in any way mean you can buy something, use it and return it against store policy.

 

[Bryce1993]

The right to rescind a contract generally only applies if there is an age restriction put in place for the purchase. In your case, being a minor does not exclude you from the store's return policy. The legal purchaser is irrelevant for your problem. Enjoy your game.

My business law teacher told us that if you are a minor the store's return policy doesn't matter.

That is a separate issue, I thought it was too good to be true as well.

Anyways here is my final question.
If you buy an item with someone else's credit or debit card who legally bought it?

 

[Banned_Princess]

My business law teacher told us that if you are a minor the store's return policy doesn't matter.

That is a separate issue, I thought it was too good to be true as well.

Anyways here is my final question.
If you buy an item with someone else's credit or debit card who legally bought it?

The person who signed the reciept. the person there in person purchacing the item at the counter.

And please come back with the exact law that states a minor can go around buying things, open it, use it and return it against store policy, just because they are minors. So, according to your teacher, a 10 yr old can buy some gum, eat three of 5 pieces then return it saying "so what your store policy is not to take back open products, I'm 10, give me my money back??"

I have never heard such a ludicrous statement.

 

[Bryce1993]

The person who signed the reciept. the person there in person purchacing the item at the counter.

And please come back with the exact law that states a minor can go around buying things, open it, use it and return it against store policy, just because they are minors. So, according to your teacher, a 10 yr old can buy some gum, eat three of 5 pieces then return it saying "so what your store policy is not to take back open products, I'm 10, give me my money back??"

I have never heard such a ludicrous statement.

Lol he just told us that. And he used the example of a video game. A store has a 7 day return policy on Used merchandise, and you get full money back. He said you can return it anytime before you're 18.

Anyways, so are you all sure it's whoever is present in the store? Seems like it'd be difficult to prove because a signature can only say so much, especially if yours resembles your parent's signature. I guess I'll answer that the legal buyer is the person present when purchased and the credit/debit card they used was merely a method of exchanging money and therefore the individual who was present ultimately would be the one subject to the bogus law my teacher explained.

THANKS

 

[Banned_Princess]

We don't usually do homework, and yours appears to be high school homework, but please ponder the following.

A underage person cannot purchase cigarettes or beer using a creditcard of a mature person, with the premise, that "I am using my moms card, therefore she is buying it, and she is of age"

A direct purchase is not a contract, unless an ACTUAL CONTRACT is signed. (names DOB SS# ect) A cash receipt does not indicate that a minor made the purchase, as a matter of fact, it doesn't say at all who purchased it. Sowhos going to say, I am a minor who purchased this game, I want to return this game I'm bored of, with this vague receipt (if there is even a receipt) and you have to give me the money for the game because I'm not old enough to buy stuff." c'mon now. If that were the case, children and teenagers (Americas biggest demographic) would not be able to purchase anything without parents being there. sounds silly doesn't it?

The contract to return or not be billed for services for a minor applies to like the penny CD deals. because a minor cannot enter into a contract to purchase 10 more cd's at regular price to get the cd's for .01 maybe if a minor was somehow given a credit card in his own name, that also can be disputed.

 

[CourtClerk]

The person who signed the reciept.

I disagree. It's the cardholder who is the purchaser and ultimately responsible for payment of the item in question. Ever read that statement just under the line where you sign (assuming you have a credit card or debit card)?

 

[Banned_Princess]

I disagree. It's the cardholder who is the purchaser and ultimately responsible for payment of the item in question. Ever read that statement just under the line where you sign (assuming you have a credit card or debit card)?

Oh, no your completely right about the payment aspect. But I was thinking along the lines of the responsibility for the item purchaced. (responsibility for the game, reponsibility to folow the stores posted return policy no matter the age.)


The youngin had the right idea when he replied, his homework will get an A. (actually at this point of the year, I hope it wasn't a final test question... )

 

[CourtClerk]

Oh, no your completely right about the payment aspect. But I was thinking along the lines of the responsibility for the item purchaced. (responsibility for the game, reponsibility to folow the stores posted return policy no matter the age.)

If that's what you're saying, then I would suggest that the responsibility goes to both the purchaser AND the holder of the item.

Ever try to return something to Target without the receipt? Be it a gift of not, you may not return ANYTHING to Target without a receipt or gift receipt. You may not have agreed to that because you didn't even know that was where I was purchasing the item... however, you are bound to it because you now have the item.

 

[BOR]

Bryce, bear in mind here that PC decisions have NO force of law, but I do remember a Judge Wapner CA People's court case some 25 years ago or so where the same facts were presented fo review, can a minor rescind a contract, absent facts such as the package open etc., regardless of a return policy.

Wapner ruled in the affirmitive.

Since this was not a court of equity, he probably based it on CA contract case law, try to look some up at the law library.

 

[Bryce1993]

First of all thanks for all your help so far.

I'm just trying to determine who is the legal buyer. It is a question for a paper I have to write.

If I buy something with my parent's debit card who bought it legally?