Refund of broken treadmill bought from local company via Craigslist?

[seppaku]

What is the name of your state? California

99.9% of my correspondence with the seller occurred via email.

I responded to a posting by a company on craigslist.org for a "new" assembled treadmill and agreed to a price of $200 plus $40 cash for delivery. No return, refund or exchange policy was stated in our correspondence or upon the company's website, which I reviewed prior to purchase.

The seller delivered the treadmill to my house, set it up (did not turn it on) and wrote me a receipt for my cash payment. He said that there was a 90 day mechanical warranty on the unit, and the receipt he gave me reflected that. There was also no return, refund or exchange policy discussed, nor did one appear on the receipt. He also said that the treadmill was not "new," but rather was a floor model and showed where his workmen had removed the tops of some bolts because it "actually made the thing stronger."

Perhaps it was because the seller made me feel somewhat uncomfortable, but I did not question my receipt of a non-"new" treadmill, and hurried him out the door. The treadmill was not turned on or demonstrated while the seller was there.

Fast-forward 12 hours to the next morning when I decide to try out my treadmill. To my dismay, the control panel was completely unresponsive except for the '6' speed key (which caused the treadmill belt to reach supersonic speeds) and the 'raise incline' key, which raised the treadmill to the highest possible angle. The treadmill was essentially non-functional for its intended use.

I wrote to the seller and described the problem. I felt that the treadmill was defective, and I wanted to return it for my money back. I offered to pay the seller the previously agreed upon $40 for him to return to my home to pick up the treadmill and refund the $160 difference.

The seller responded by leaving me a voicemail which described how I might take the arms and faceplate off of the treadmill and see if there were any loose electrical connections. That was something that I was not interested in doing; I had agreed to purchase a "new" treadmill, was delivered a floor model which was now not working and further, under warranty.

I responded that I did not want to attempt to perform these repairs myself, and that I wanted to return it. I would accept $160, eating the $40 delivery fee. He responded that he would replace it with the same or similar. I AGAIN responded that I was not interested in replacing the treadmill with another [one of this increasingly flaky company's] treadmill but that the terms I had stated before [$160, $40] would be satisfactory. He responded that no, I could not return it, but that he would repair it.

From there, our email correspondence became increasingly heated, as I repeatedly stated that I wanted a refund for the treadmill and he became more and more irritated at my persistence. Anyway, I think we both got a little hot under the collar.

My questions are:
1. Did I agree to accept the treadmill "As-is" because I completed the transaction even after knowing that it was not "new" but rather a refurbished floor model?
2. If so, am I still entitled to a refund because the treadmill was faulty? Or did I accept that it was inherently faulty by completing the transaction?
3. I know that the California law says that, in the absence of any obviously stated policy on refunds, returns and exchanges, the merchant must accept refunds, returns or exchanges. Does that mean that the merchant then gets to choose which they will accept? That is to say, can he now say, after the fact, that I cannot return the treadmill for a refund, but that I MUST accept an exchange because he says so?

I would like to take him to small claims court. HOWEVER, I do not know his name. I know his first name, but not his last name. Also, the address listed on his website is not current. I called the Business Licensing Dept. at City Hall in the city listed on the website and explained that I needed to know who held the license for this particular company, and they could not find it. The seller has been unresponsive when I have asked him for his contact information. All I have is his [cell] phone number, an outdated, possibly falsified business address, and his first (or maybe last) name.

I had the understanding that any online merchant was required to post their address and other contact information. Is this so? Do I have any recourse if he attempts to hide his identity from me for the purpose of avoiding legal action?

Is there anything that I can do?

 

[Zigner]

3. I know that the California law says that, in the absence of any obviously stated policy on refunds, returns and exchanges, the merchant must accept refunds, returns or exchanges.

How do you KNOW that?

Does that mean that the merchant then gets to choose which they will accept? That is to say, can he now say, after the fact, that I cannot return the treadmill for a refund, but that I MUST accept an exchange because he says so?

You must allow him the opportunity to remedy the defect. If that is by replacing your unit with another one, then so be it.

I had the understanding that any online merchant was required to post their address and other contact information. Is this so?

Nope

 

[seppaku]

How do you KNOW that?

The office of the Attorney General told me so:
http://ag.ca.gov/consumers/general/refund_policies.php

Consumers REFUND POLICIES

Consumers have come to expect stores or catalog companies to offer a refund, credit or exchange when they return items. Sellers are not required by law to accept returned items unless they are defective. However, California law requires that retailers who have a policy of not providing a cash refund, credit or exchange when an item is returned with proof of purchase within 7 days of purchase must inform consumers about their refund policies by conspicuously placing a written notice about their policies, in language that consumers can understand, so that it can be easily seen and read. Some companies may limit exchanges or returns for credit or refunds on all, or some products. Some may not allow exchanges or returns for credit or refunds at all. But whatever the limitation, it must be conspicuously disclosed. Before making a purchase, carefully check the store's policy.

The policy must be displayed either at each entrance to the store, at each cash register and sales counter, on tags attached to each item, or on the company's order forms, if any. A return policy printed only on a receipt, for example, is not sufficient.

If a store violates this law (California Civil Code section 1723), the purchaser can return an item for a full refund within 30 days of purchase.

I had the understanding that any online merchant was required to post their address and other contact information. Is this so?

Nope

But this is what it says in California Business and Professions Code, Section 17538
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17530-17539.6

(d) A vendor conducting business through the Internet or any other electronic means of communication shall do all of the following when the transaction involves a buyer located in this state: (1) Before accepting any payment or processing any debit or credit charge or funds transfer, the vendor shall disclose to the buyer in writing or by electronic means of communication, such as e-mail or an on-screen notice, the vendor's return and refund policy, the legal name under which the business is conducted and, except as provided in paragraph (3), the complete street address from which the business is actually conducted.

 

[Zigner]

Relating to the refund/exchange policy - you were offered an exchange.

Relating to the address information - you have an address. I don't know what recourse you would have about it not being current...but it won't automatically entitle you to return the machine for a refund.

As I said before, you must allow the company to remedy the situation. They offered to exchange the treadmill. You haven't even given them the chance...