Internet Purchasing Rights?

[jams14]

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

I bought a handbag on-line, when the bag arrived at my home it was not going to work out for me. I sent the bag back the next day and was then informed that the purchased was non-refundable. Which I was not made aware of at the time of purchase or for that matter did not see the information anywhere on the site. In the meantime the owner agree to give me a credit for future purchase - this is $182.00 we are talking about. She received the bag I had sent back - falsly claiming I had harmed the bag (it had been out of the box no more than 30 seconds), she re-sealed the box and then refused the box and UPS sent the box back to my UPS store. In the meantime I have disputed the charge on my credit card. But the box sits at the UPS store and I am not sure what to do? Not only do I not want the bag, she was the last person to touch the bag and I do not want to take responsibilty for the bag or it's condition. I am at a loss - please help!!! Do I have any rights???

 

[tranquility]

In theory, maybe. In reality? Probably not. They will win the dispute with the credit card company and you would have to sue. This will be practically impossible and, you may not have any rights to a refund in any event. It is not generally the law you can return things you don't want.

 

[jams14]

Doesnt a non-refundable purchase need to be clear? I feel like I have been trapped. What is the FCC Cooling off Rule? Does that rule not apply to this purchase?

 

[TheGeekess]

Doesnt a non-refundable purchase need to be clear? I feel like I have been trapped. What is the FCC Cooling off Rule? Does that rule not apply to this purchase?

What does the Federal Communications Commission have to do with your purchase and failure to read the vendor's return policy?

 

[racer72]

What is the FCC Cooling off Rule?

There is no such thing. Also, you initiated the purchase, that means there is no cooling off period of any kind. Because the vendor is no longer in possession of the bag, you are also going to lose the credit card dispute. I would suggest you pick up your bag and try to sell it yourself to recover some of your costs.

 

[j991]

You are liable for the bag and will lose the credit card dispute. The seller was within her right to examine the bag for defects, and not accept the return based on any damage that she feels you caused. She is not required by law to accept any returns, refund your money, or offer you any credit towards future purchases. You are under the burden of caveat emptor or buyer beware. The law only requires that the bag be fit for merchandising. You are responisible to ensure that the product you are buying is what you want, for the price you want, in a condition you desire, and know and understand any contract between you and the seller. If you didn't inquire about a return policy, or ensure there was one doesn't mean the seller has to accept it. I advise picking the bag up from the UPS store. Take pictures of the bag to document damage if you want to fight the seller to recoup your money, but I doubt you would win. Try to sell the bag on your own and chalk it up as a lesson learned.

 

[jams14]

Thank you all - you have been very informative and helpful.

 

[tranquility]

How can anyone be sure no returns are allowed unless you know the location of the internet marketer? For example, if the seller is also in California and did not post a warning they don't give cash refunds if an item is returned within 7 days with a receipt, a person can return the item within 30 days. While this is for "stores", it would be easy to argue this would apply. Also, many states have similar statutes. (Although the general black letter law is no refunds unless in the sales contract.)

That's why I wrote the way I did. Without further information (and some looking up of case law) no one can say it is non-refundable.

That does not change the fact that I see no way the OP will find the suit worth the time or effort in work and research to find out, it's just that I don't think it's clear that, by law, this is not refundable.