No refund on defective item purchased new at full price?

[Haakon]

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

I recently purchased a wetsuit with a faulty zipper. When I tried the suit on in the store, the zipper got stuck. I couldn't see the problem (the zipper is in the back), but the sales associate said the zipper was stuck on the tags and shouldn't be a problem once I took the tags off. Actually, the zipper gets stuck in the wetsuit fabric, and I haven't gotten it to unzip once without getting caught.

Two days after making the purchase, I brought the wetsuit back in to the store. The manager refused to offer a refund or an exchange. He said the manufacturer has a one-year warranty, and I need to take it up with them. I pointed out that the manufacturer's warranty says I can return it to the dealer to get it shipped back for warranty service, but he said I should do it myself because it would take him a really long time to get it shipped if he did it.

The manufacturer's website says they charge a 20% restocking fee on all returns. Alternatively, they will repair the item and send it back to me. Either way, I'm out an additional $9 on shipping fees.

Do I have any right to a refund from the retailer in this situation? The receipt says no returns on swimwear, which the wetsuit might fall under. I'd probably rather deal with the manufacturer, because the retailer seems determined to put up a fight. But am I obligated to pay restocking fees on a defective item? Thanks for any advice.

 

[Zigner]

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

I recently purchased a wetsuit with a faulty zipper. When I tried the suit on in the store, the zipper got stuck. I couldn't see the problem (the zipper is in the back), but the sales associate said the zipper was stuck on the tags and shouldn't be a problem once I took the tags off. Actually, the zipper gets stuck in the wetsuit fabric, and I haven't gotten it to unzip once without getting caught.

Two days after making the purchase, I brought the wetsuit back in to the store. The manager refused to offer a refund or an exchange. He said the manufacturer has a one-year warranty, and I need to take it up with them. I pointed out that the manufacturer's warranty says I can return it to the dealer to get it shipped back for warranty service, but he said I should do it myself because it would take him a really long time to get it shipped if he did it.

The manufacturer's website says they charge a 20% restocking fee on all returns. Alternatively, they will repair the item and send it back to me. Either way, I'm out an additional $9 on shipping fees.

Do I have any right to a refund from the retailer in this situation? The receipt says no returns on swimwear, which the wetsuit might fall under. I'd probably rather deal with the manufacturer, because the retailer seems determined to put up a fight. But am I obligated to pay restocking fees on a defective item? Thanks for any advice.

Dude, NINE DOLLARS. You have got to be kidding...

 

[Haakon]

So your analysis of my post is that I'm just upset over the shipping charge?

I only mentioned the shipping because the warranty clearly states that the dealer will handle the shipping. I thought the fact that he doesn't even want to pay the $9 and honor his agreement with the manufacturer would illustrate my situation better. Perhaps I should have left it out.

A bigger issue is paying a 20% restocking fee to return a defective item. While $50 (+$9!) may not sound like a lot of money to you, it's a lot to me currently. Plus there's the whole principle of the matter, but maybe principle doesn't matter much to you either.

Thanks for your help.

 

[Zigner]

They don't HAVE to accept a return as a repair is a perfectly acceptable remedy. So, yes, your complaint IS over the $9.

 

[Haakon]

They don't HAVE to accept a return as a repair is a perfectly acceptable remedy. So, yes, your complaint IS over the $9.

I didn't know a repair is a perfectly acceptable remedy. This is why I'm asking.

To be honest, it seems a little odd to me. I purchased it off the shelf expecting it to be in usable shape; it's acceptable for them to now hold onto my payment and the product for an extended period while they get it in working order?

As a practical matter, the turn-around time on a repair is two weeks. I'm enrolled in a surf school and I'll miss the first two classes if my wetsuit is out for repairs for two weeks. I could then be out the cost of the surf school (which is considerably more than $9).

So having it repaired could be a setback to me personally, though legally, it might perfectly acceptable. That's the sort of thing I came here to find out.

 

[Mass_Shyster]

I didn't know a repair is a perfectly acceptable remedy. This is why I'm asking.

To be honest, it seems a little odd to me. I purchased it off the shelf expecting it to be in usable shape; it's acceptable for them to now hold onto my payment and the product for an extended period while they get it in working order?

Like a car covered by a lemon law, you have to give the other party a chance to remedy the situation.

As a practical matter, the turn-around time on a repair is two weeks. I'm enrolled in a surf school and I'll miss the first two classes if my wetsuit is out for repairs for two weeks. I could then be out the cost of the surf school (which is considerably more than $9).

Your loss due to missing out on the surf school would be consequential damages. Every warranty I've ever read specifically disclaims consequential damages.

I know dive shops rent wetsuits. So you can rent one to mitigate your damages. Your only loss would be $9 plus the rental cost, and not the cost of the surf school.

I would be sure to mention to the manufacturer that the store refused to ship it for you under the terms of the warranty,

 

[Haakon]

Like a car covered by a lemon law, you have to give the other party a chance to remedy the situation.

Your loss due to missing out on the surf school would be consequential damages. Every warranty I've ever read specifically disclaims consequential damages.

I know dive shops rent wetsuits. So you can rent one to mitigate your damages. Your only loss would be $9 plus the rental cost, and not the cost of the surf school.

I would be sure to mention to the manufacturer that the store refused to ship it for you under the terms of the warranty,

I don't think you understand. I want to keep my nine dollars!

Actually, the rental idea is a good one, thanks for the suggestion!

I guess I've just become accustomed to stores standing by their products and having good return policies so it seems shocking when it's not the case.

 

[Mass_Shyster]

I don't think you understand. I want to keep my nine dollars!

As the philosopher Jagger said: "You can't always get what you want".

As I said, make sure the manufacturer knows of the lack of assistance from the store.

Many years ago I bought a laser printer (back when they cost over $1000). I bought it from a mail order company. It died outside the return period, but within the warranty period. I shipped it back to the seller who was also an authorized warranty repair center. After two months, I still had no printer. By the time I spoke with the service manager, I was pretty irate. I said to ship it back unrepaired. He said their computer was down, and he couldn't ship it. I explained he had my property, and would sue if he didn't return it. He replied "I'm sure you will, sir".

I ended up calling the manufacturer and explaining the situation to them. They verified that the repair center had the printer, and shipped me a refurbished printer. It made me feel good when the service manager left messages on my answering machine to please call. I never did. They also stopped advertising that they were authorized for that brand.