Pandora Store refusing to honor Return Policy

[hohohobear]

Pandora Store at Newport Centre, NJ refusing to honor Return Policy

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

Hi, I'll try to make the story as short as possible.

On September 25th, 2011, I made a purchase of a gold necklace at a Pandora store in Newport Centre Mall in Jersey City, NJ.

When my girlfriend and I were browsing, the salesperson, among other things, told us we could return the items if we changed our minds.

After some browsing, we decided to get a gold chain. The salesperson said they had to special order it. I actually asked if we could return the item anyway if we changed our mind and I was told yes. So I gave him my debit card to pay for the chain which I was supposed to pick up a few weeks later. At this point I was printed a receipt, which clearly had the 30 day return policy stated:

ImageShack® - Online Photo and Video Hosting

Basically, my girlfriend and I decided to spend the money on something else. I went back the store to ask for a refund on the chain on October 18th or 19th. I was told special orders cannot be returned by the store manager and he had to talk to the regional manager. Twenty minutes I got the regional manager to tell me the same thing.

Having never accepted the product (which is my right as far as I can understand the law) and being well within the 30 day return period, I felt I was perfectly in the right in asking Bank of America for a chargeback. However, after a few reviews, they essentially told me because Pandora produced a special return policy for their special orders, it is up to me to prove that I was allowed to return the product.

So I am now without a gold chain or the money I paid for the chain. I am at the point where I want to sue the store or BoA just on principle but I want to make sure I have a case first or if the consumer laws are just totally bonkered.

I'd really appreciate any help/advice you guys could give me. Also, if you knew a lawyer in NJ that could help me with this, that is great too.

Thanks,
hohoho(happy holidays)bear

TLDR:
Bought gold chain at Pandora Store in Newport Centre, Jersey City, NJ
Store had to "special order"
Store refused to honor return policy stated on receipt, reasoning they had a different policy for "special orders", a policy I was never made aware of and is contrary to what I was told in store.
Bank of America denied chargeback request, asking for proof of a 30 day return policy specifically for special orders. They told me the return policy on the receipt doesn't apply because it doesn't pertain to special orders.

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

 

[Zigner]

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

Hi, I'll try to make the story as short as possible.

On September 25th, 2011, I made a purchase of a gold necklace at a Pandora store in Newport Centre Mall in Jersey City, NJ.

When my girlfriend and I were browsing, the salesperson, among other things, told us we could return the items if we changed our minds.

After some browsing, we decided to get a gold chain. The salesperson said they had to special order it. I actually asked if we could return the item anyway if we changed our mind and I was told yes. So I gave him my debit card to pay for the chain which I was supposed to pick up a few weeks later. At this point I was printed a receipt, which clearly had the 30 day return policy stated:

ImageShack® - Online Photo and Video Hosting

Basically, my girlfriend and I decided to spend the money on something else. I went back the store to ask for a refund on the chain on December 18th or 19th. I was told special orders cannot be returned by the store manager and he had to talk to the regional manager. Twenty minutes I got the regional manager to tell me the same thing.

Having never accepted the product (which is my right as far as I can understand the law) and being well within the 30 day return period, I felt I was perfectly in the right in asking Bank of America for a chargeback. However, after a few reviews, they essentially told me because Pandora produced a special return policy for their special orders, it is up to me to prove that I was allowed to return the product.

So I am now without a gold chain or the money I paid for the chain. I am at the point where I want to sue the store or BoA just on principle but I want to make sure I have a case first or if the consumer laws are just totally bonkered.

I'd really appreciate any help/advice you guys could give me. Also, if you knew a lawyer in NJ that could help me with this, that is great too.

Thanks,
hohoho(happy holidays)bear

TLDR:
Bought gold chain at Pandora Store in Newport Centre, Jersey City, NJ
Store had to "special order"
Store refused to honor return policy stated on receipt, reasoning they had a different policy for "special orders", a policy I was never made aware of and is contrary to what I was told in store.
Bank of America denied chargeback request, asking for proof of a 30 day return policy specifically for special orders. They told me the return policy on the receipt doesn't apply because it doesn't pertain to special orders.

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

You bought the item in September. December is way outside the return period. We don't even have to touch on the question of "special orders."

 

[hohohobear]

You bought the item in September. December is way outside the return period. We don't even have to touch on the question of "special orders."

The return was requested in on October. It was a mistake in original post. I fixed it just now.

I am making this post now because months later, BoA told me they can't honor the charge back I requested on October 21st, just a day or two after I unsuccessfully tried to resolve the situation with the merchant.

 

[hohohobear]

Is there 2 return policies? One that includes procedures regarding 'special orders'? If the return policies state you can return a purchased item within 30 days for a refund, then the store is obligated by such policy. If anywhere in the policy it says you can't get a refund on special orders, then there is no obligation to refund your money.

If it is clear the store is obligated to refund your money and they don't, your only recourse is small claims court. If you are forced into court, you may want to name Bank of America as a Defendant as well as Pandora, so a judge can decide if you should get a refund based on the return policy on your receipt for your 'special order'.

The receipt says nothing at all about special orders. The image link in my post is a copy of the receipt and there is no mention of a different policy for special orders.

I thought small claims court might be the only recourse so this brings me to next question... anyone know a cheap lawyer that can help me? The bill is only $433.35 so there is only so much I am willing to pay.

I found this link

http://www.judiciary.state.nj.us/prose/index.htm

So I may not even need a lawyer since I think my case is pretty clear cut but I really would like the help of a lawyer who can help me resolve this without actually getting to a judge.

 

[Willlyjo]

If you have documentation of your attempts to resolve this matter before the 30 day period, then you should take them to small claims court and let the judge resolve the matter.

It is amusing how your own receipt has a return policy on it and the store won't honor it. Seems that if their reason is that it is a special order, then they should have had a receipt with a return policy regarding special orders (which they didn't). IMHO the store should honor the return policy and the bank should restore the debit from your account after you give the piece of jewelry back.

 

[Zigner]

I'd LOVE to see the special-order form that you signed when you ordered the item.

 

[hohohobear]

If you have documentation of your attempts to resolve this matter before the 30 day period, then you should take them to small claims court and let the judge resolve the matter.

It is amusing how your own receipt has a return policy on it and the store won't honor it. Seems that if there reason is it is a special order, then they should have had a receipt with a return policy regarding special orders (which they didn't). IMHO the store should honor the return policy and the bank should restore the debit from your account after you give the piece of jewelry back.

I never even received the item.

I went to the store on the 18th/19th of October to tell them I didn't (well, actually my girlfriend wanted something even more expensive) want it anymore.

I don't have documentation that I tried to return within 30 days. I do have my girlfriend as witness obviously but I couldn't get them to give me any documentation for obvious reasons. However, since I filed the claim with BoA on the 21st, still within 30 day period, could I point to that as proof?

Again, Pandora Store at Newport Centre in Jersey City, NJ refused to honor its return policy and BoA refused to do chargeback required by Fair Credit Billing Act.

 

[Willlyjo]

The receipt says nothing at all about special orders. The image link in my post is a copy of the receipt and there is no mention of a different policy for special orders.

I thought small claims court might be the only recourse so this brings me to next question... anyone know a cheap lawyer that can help me? The bill is only $433.35 so there is only so much I am willing to pay.

I found this link

New Jersey Courts

So I may not even need a lawyer since I think my case is pretty clear cut but I really would like the help of a lawyer who can help me resolve this without actually getting to a judge.

You can write a 'Demand Letter' laying out specifics of your case such as your receipt that shows you purchased the 'special item' contains return policy language that allows you to return purchased items within 30 days. A lawyer could write this letter for you but he will charge you 50 dollars for it. Perhaps if you write the letter outlining what is documented and letting Pandora know you will proceed to small claims, they might relent. If not, take them to small claims and name BOA as a defendant as well, since they are unreasonable in their requirement that you come up with a return policy for special orders (that apparently don't exist).

 

[Zigner]

...name BOA as a defendant as well, since they are unreasonable in their requirement that you come up with a return policy for special orders (that apparently don't exist).

This is asinine advice that can actually end up COSTING the OP a lot.

 

[Zigner]

I never even received the item.

I went to the store on the 18th/19th of October to tell them I didn't (well, actually my girlfriend wanted something even more expensive) want it anymore.

I don't have documentation that I tried to return within 30 days. I do have my girlfriend as witness obviously but I couldn't get them to give me any documentation for obvious reasons. However, since I filed the claim with BoA on the 21st, still within 30 day period, could I point to that as proof?

You have no proof that you requested anything within 30 days.

Again, Pandora Store at Newport Centre in Jersey City, NJ refused to honor its return policy and BoA refused to do chargeback required by Fair Credit Billing Act.

This is a DEBIT card, not a credit card.

 

[Antigone*]

You can write a 'Demand Letter' laying out specifics of your case such as your receipt that shows you purchased the 'special item' contains return policy language that allows you to return purchased items within 30 days. A lawyer could write this letter for you but he will charge you 50 dollars for it. Perhaps if you write the letter outlining what is documented and letting Pandora know you will proceed to small claims, they might relent. If not, take them to small claims and name BOA as a defendant as well, since they are unreasonable in their requirement that you come up with a return policy for special orders (that apparently don't exist).

I wholeheartely agree with Zigner this is ridiculously bad advice. There is no merit for a claim against the bank.

 

[hohohobear]

You can write a 'Demand Letter' laying out specifics of your case such as your receipt that shows you purchased the 'special item' contains return policy language that allows you to return purchased items within 30 days. A lawyer could write this letter for you but he will charge you 50 dollars for it. Perhaps if you write the letter outlining what is documented and letting Pandora know you will proceed to small claims, they might relent. If not, take them to small claims and name BOA as a defendant as well, since they are unreasonable in their requirement that you come up with a return policy for special orders (that apparently don't exist).

Thank you. (even though I am thinking claim against bank is bad too)

Any idea where I should start looking? I tried searching on lawyers.com but it appears nobody likes small claims cases.

I don't mind paying $50 at all since I suspect a lawyer's signature can put a lot more weight on my claim and just save me a ton of grief.

 

[hohohobear]

You have no proof that you requested anything within 30 days.


This is a DEBIT card, not a credit card.

How could I possibly prove I asked for a return when they refused to honor it? Why would I go to the bank first?

Also, on my phone records there are calls to the store and one call from the lady that presumably was the regional manager (it's who the store manager said would call me.)

Could that be proof?

 

[Willlyjo]

I wholeheartely agree with Zigner this is ridiculously bad advice. There is no merit for a claim against the bank.

Agreed in part. However, if the bank won't return the debited amount based on a return policy that isn't honored by the store, when the OP has proof that there should have been a refund, but instead requires documentation of a return policy for 'special orders' that don't exist, then I'm going to name them as a defendant in my small claims case as well.

If this sort of thing happened to me, I'd get all parties before the judge to get the matter resolved. It doesn't cost any more to put another defendant on the claim. Nor does it take much time to have an extra defendant served through the mail.

However, in hindsight, it would be a bit easier to just take Pandora to court. When you get a judgement against them, then BOA would restore the debit or Pandora would just pay the OP. I really dislike how banks take advantage of people and that is why I would bring them into court as well. My bad, I agree...it isn't necessary to get the bank in front of the judge.

 

[Willlyjo]

I never even received the item.

I went to the store on the 18th/19th of October to tell them I didn't (well, actually my girlfriend wanted something even more expensive) want it anymore.

I don't have documentation that I tried to return within 30 days. I do have my girlfriend as witness obviously but I couldn't get them to give me any documentation for obvious reasons. However, since I filed the claim with BoA on the 21st, still within 30 day period, could I point to that as proof?

Again, Pandora Store at Newport Centre in Jersey City, NJ refused to honor its return policy and BoA refused to do chargeback required by Fair Credit Billing Act.

Yes...proof that you filed a claim with the bank within the 30 day period of purchase would be significant proof that you tried to return the item according to the language of the return policy on the receipt.