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Return/Exchange policy violation

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sirstanlee

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Alright, I bought a gaming kit (guitar hero world tour, with game, guitar, drum kit, microphone) on Nov. 21. When I attempted to try all the components to ensure they worked, the drums would not respond to the power button with 4 different sets of batteries--obviously, it is broken.

I called the store Nov. 22 and took the drums in, and they said they could not look at it or accept an exchange on this particular item. I explained that I specifically asked about their return policy prior to purchase, and I was told by an employee that I could return/exchange the item within 30 days of purchase. They told me that the employee was new and didn't know (as if that was my problem).

I noticed on their receipt AND website that this is printed: "Receipt required for returns/exchanges. Unopened new items may be returned/exchanged within 30 days. Opened new items may be exchanged for the identical item within 30 days. Used items & opened new accessories may be returned within 7 days or exchanged for the identical item within 30 days."

Call me nuts, but I'm pretty sure that it's in writing that I can exchange this item (it was purchased new and obviously it was opened). I went back again to point this out, and they still would not accept an exchange.

I'm wondering if I have a legal foundation for an argument with them--I used to be a paralegal, and am 99.99% sure that they have a legal obligation to honor their policy in this case, but that .01% leaves me wondering. Another thing to note is that I was never told that this item may be exempt from the policy (prior to purchase), nor was any statement like that posted in the store, from what I have saw on my second trip back.

Do I have a leg here? I'm not trying to take these folks to court, but I am interested in disputing the charge on my credit card if they are doing illegal and/or unethical business practices.

Thanks for any help...gotta love the holiday season!
 


You Are Guilty

Senior Member
Their written policy aside, they can't sell you a broken product. Well, to be more accurate, then CAN sell it to you, but you have an absolute right to either a) a working product; or b) your money back in exchange for the broken product notwithstanding any "policy" they may have. Given that, here, where their written policy ALSO gives you a right to a refund/exchange, I have no clue what the idiots at that store think they're doing.

Keep an eye on the credit card - you only have XX days to dispute a charge (30?), but you may also want to explore enlisting the aid of these folks:
http://www.tennessee.gov/consumer/ccp.html
 

sirstanlee

Junior Member
Their written policy aside, they can't sell you a broken product. Well, to be more accurate, then CAN sell it to you, but you have an absolute right to either a) a working product; or b) your money back in exchange for the broken product notwithstanding any "policy" they may have. Given that, here, where their written policy ALSO gives you a right to a refund/exchange, I have no clue what the idiots at that store think they're doing.

Keep an eye on the credit card - you only have XX days to dispute a charge (30?), but you may also want to explore enlisting the aid of these folks:
Department of Commerce&Insurance»Consumer Affairs»Consumer Complaint Process
Thanks for the reassurance, and also the link. I can use that as a threat of further action against them if I need to. I'm about to call their DM in Nashville and see if he has any more sense than the 20-year-old "managers" of their store.
 

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