J
jLotz
Guest
What is the name of your state? MN
I purchased an item at a retail outlet which I later returned being assessed a 15% restocking fee. The store has a return policy which states that a 15% restocking fee applies to all open computer returns unless defective.
Upon return the store manager stated that the unit is open and therefore the fee applies. I objected since the computer was already open; it was in fact a store display sold without a box. In addition I was told at the point of sale that the restocking fee did not apply to “already open,” items. The reason I returned it was because a component specification was misstated by the sales staff. Of which, by the way, seems to be a good reason on it’s own to waive the fee.
I did not argue at length with the store manager, instead I opted to take it up with their corporate office. In reply I received a letter which included, “We are unable to sell opened, non-defective products as new… The item has to be sold as ‘open box’ and a considerable discount must be given”. I rejoined and received a similar response. This of course is the logic behind restocking fees in the first place, but does not apply in my situation.
Is this a winnable case for me if it were to go so far as small claims court? The store manager says, “open is open,” meaning that it doesn’t matter who opened it. I would like to know if that is how the court would see it.
Replies are greatly appreciated.
I purchased an item at a retail outlet which I later returned being assessed a 15% restocking fee. The store has a return policy which states that a 15% restocking fee applies to all open computer returns unless defective.
Upon return the store manager stated that the unit is open and therefore the fee applies. I objected since the computer was already open; it was in fact a store display sold without a box. In addition I was told at the point of sale that the restocking fee did not apply to “already open,” items. The reason I returned it was because a component specification was misstated by the sales staff. Of which, by the way, seems to be a good reason on it’s own to waive the fee.
I did not argue at length with the store manager, instead I opted to take it up with their corporate office. In reply I received a letter which included, “We are unable to sell opened, non-defective products as new… The item has to be sold as ‘open box’ and a considerable discount must be given”. I rejoined and received a similar response. This of course is the logic behind restocking fees in the first place, but does not apply in my situation.
Is this a winnable case for me if it were to go so far as small claims court? The store manager says, “open is open,” meaning that it doesn’t matter who opened it. I would like to know if that is how the court would see it.
Replies are greatly appreciated.