If something is for sale online by a business can they reserve the right to refuse refund?

C

checko12

New Member
Jurisdiction
California
Long story short. I bought a set of wheels that was posted by a business on OfferUp. I thought thy would fit on my car but they didn't. I spent quite a good amount on them. Since there was no indication on the listing whether they reserved the right to refuse a refund, I reached out to them to ask and was told that they didn't accept returns. Can they do this?
 
Generally speaking, there is no right to a refund unless that is agreed in the contract to sell/buy the goods. If the listing was silent about refunds, and if no right to return the goods was negotiated prior to the sale, then there is no right to a refund.
 
zddoodah said:
Generally speaking, there is no right to a refund unless that is agreed in the contract to sell/buy the goods. If the listing was silent about refunds, and if no right to return the goods was negotiated prior to the sale, then there is no right to a refund.
Click to expand...
Thanks. I'll take this as a very very expensive lesson
 
checko12 said:
Can they do this?
Click to expand...

That depends on the terms of the contract and which state's law applies to the sale. The common law rule is, as zddoodah noted, that sales are final and there is no right for to a refund. Where the common law applies, the burden is on the buyer to check out the goods throughly before purchase and find out the refund policy. Some states have modified the common law rule for consumer sales by merchants, at least for those made on site at the business location. Many online sellers have a link somewhere on their site that explains their refund policy, so when buying online look for that first if that's something that is signficant for you.

The problem for you is that Offerup is a lot like a classified ads listing in the newspaper; each person listing stuff sets their own prices and terms of sale. Most of the sellers on these sites are not merchants, so you likely have little protection in the way of required refunds, etc, when buying from these sellers. When buying from a site like that, or from classified ads, you have to assume that the common law rules apply and that you need to sort out all the terms of the deal that you want to before finalizing it. That means arranging for whatever information you need to determine if the goods will work for you, ask about refunds, shipping costs (both for the sale and returns), and taxes so there are no suprises later. Don't assume that just because many businesses do things one way that all of them will. Any detail that you assume puts you at risk that your assumption turns out to be wrong.
 

How to request a refund

If you bought an item through nationwide shipping, inspect it closely within 2 days after it arrives. Is it what you expected? If not, let the seller know by requesting a refund.
You can request a refund from the delivered notification you received up to 2 days after you get the item. If you don't get a response that solves the issue, you have 2 more days to let us know by filing a claim.
After that time period expires, we'll assume you're happy with the item and complete the transaction.

To request a refund

  1. Navigate to your Notifications by tapping Inbox
  2. Select the notification that corresponds to the item you would like to request a refund for
  3. Tap Request refund
  4. Respond to the "What's the issue?" question in the text box
  5. Tap Request refund

Once you've requested a refund

  • The seller has 2 days to accept or decline your request for a refund
  • If the seller accepts, we'll send you a pre-paid shipping label to mail the item back to the seller. You must use the label to qualify for a refund. Make sure to ship the item within 5 days.
  • If the seller declines or doesn't respond to your refund request, you have 2 days to report the issue directly to us.
Important: You must report to us within 4 days of the item being delivered. You have 2 days to contact the seller, and 2 more days to contact us if the seller does not respond or declines.
If your item arrives damaged in transit, turns out to be counterfeit, or you have other questions, please contact us.




Terms of Service - OfferUp

OfferUp is revolutionizing how we sell by making it a snap! Instantly connect with buyers and sellers near you.
offerup.com offerup.com


us.norton.com

13 OfferUp scams and how to avoid them - Norton

Protect yourself from OfferUp scams with our guide. Learn common OfferUp scams, tips to avoid them, and what to do if you fall victim.
us.norton.com us.norton.com
 
Tax Counsel said:
That depends on the terms of the contract and which state's law applies to the sale. The common law rule is, as zddoodah noted, that sales are final and there is no right for to a refund. Where the common law applies, the burden is on the buyer to check out the goods throughly before purchase and find out the refund policy. Some states have modified the common law rule for consumer sales by merchants, at least for those made on site at the business location. Many online sellers have a link somewhere on their site that explains their refund policy, so when buying online look for that first if that's something that is signficant for you.

The problem for you is that Offerup is a lot like a classified ads listing in the newspaper; each person listing stuff sets their own prices and terms of sale. Most of the sellers on these sites are not merchants, so you likely have little protection in the way of required refunds, etc, when buying from these sellers. When buying from a site like that, or from classified ads, you have to assume that the common law rules apply and that you need to sort out all the terms of the deal that you want to before finalizing it. That means arranging for whatever information you need to determine if the goods will work for you, ask about refunds, shipping costs (both for the sale and returns), and taxes so there are no suprises later. Don't assume that just because many businesses do things one way that all of them will. Any detail that you assume puts you at risk that your assumption turns out to be wrong.
Click to expand...
This is an actual business though not a private individual and In the State of California it states that there has to be clear signage that there are no returns and no refunds are given. There was no signage when I was at their shop. The seller then told me they'd help to fix the problem then all of a sudden stopped replying to my messages.
 
army judge said:

How to request a refund

If you bought an item through nationwide shipping, inspect it closely within 2 days after it arrives. Is it what you expected? If not, let the seller know by requesting a refund.
You can request a refund from the delivered notification you received up to 2 days after you get the item. If you don't get a response that solves the issue, you have 2 more days to let us know by filing a claim.
After that time period expires, we'll assume you're happy with the item and complete the transaction.

To request a refund

  1. Navigate to your Notifications by tapping Inbox
  2. Select the notification that corresponds to the item you would like to request a refund for
  3. Tap Request refund
  4. Respond to the "What's the issue?" question in the text box
  5. Tap Request refund

Once you've requested a refund

  • The seller has 2 days to accept or decline your request for a refund
  • If the seller accepts, we'll send you a pre-paid shipping label to mail the item back to the seller. You must use the label to qualify for a refund. Make sure to ship the item within 5 days.
  • If the seller declines or doesn't respond to your refund request, you have 2 days to report the issue directly to us.
Important: You must report to us within 4 days of the item being delivered. You have 2 days to contact the seller, and 2 more days to contact us if the seller does not respond or declines.
If your item arrives damaged in transit, turns out to be counterfeit, or you have other questions, please contact us.




Terms of Service - OfferUp

OfferUp is revolutionizing how we sell by making it a snap! Instantly connect with buyers and sellers near you.
offerup.com offerup.com


us.norton.com

13 OfferUp scams and how to avoid them - Norton

Protect yourself from OfferUp scams with our guide. Learn common OfferUp scams, tips to avoid them, and what to do if you fall victim.
us.norton.com us.norton.com
Click to expand...
Thanks for the info. This wasn't for goods that were shipped though. I drove to the actual shop to pick it up.
 
checko12 said:
Thanks for the info. This wasn't for goods that were shipped though. I drove to the actual shop to pick it up.
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When did the purchase occur?

www.oag.ca.gov

Refund Policies

Before you buy, know the return and exchange policy. Most retail stores allow you to return things you buy within a reasonable time for a full refund, credit, or an exchange. When a store clearly displays a limited or no-refund policy, however, refunds and exchanges are not required by law. So...
www.oag.ca.gov www.oag.ca.gov
 
checko12 said:
There was no signage when I was at their shop.
Click to expand...

checko12 said:
I drove to the actual shop to pick it up.
Click to expand...

This would have been a helpful bit of information to include in the original post.

Had you already consummated the sale before you drove to the shop to pick up the items? What steps did you take at the time you picked up the wheels to ensure they would fit? Did you return or attempt to return the purchased goods on or before the 30th day after their purchase?
 
checko12 said:
This is an actual business though not a private individual and In the State of California it states that there has to be clear signage that there are no returns and no refunds are given. There was no signage when I was at their shop. The seller then told me they'd help to fix the problem then all of a sudden stopped replying to my messages.
Click to expand...

Here's the statute that applies. Print it out and go back to the store with a copy.

Law section

leginfo.legislature.ca.gov leginfo.legislature.ca.gov

Come back and report the results of the visit.
 
Zigner said:
When did the purchase occur?

www.oag.ca.gov

Refund Policies

Before you buy, know the return and exchange policy. Most retail stores allow you to return things you buy within a reasonable time for a full refund, credit, or an exchange. When a store clearly displays a limited or no-refund policy, however, refunds and exchanges are not required by law. So...
www.oag.ca.gov www.oag.ca.gov
Click to expand...
Monday Apr 1. I made them aware the wheels did not fit on Wed Apr. 3
 
zddoodah said:
This would have been a helpful bit of information to include in the original post.

Had you already consummated the sale before you drove to the shop to pick up the items? What steps did you take at the time you picked up the wheels to ensure they would fit? Did you return or attempt to return the purchased goods on or before the 30th day after their purchase?
Click to expand...
Consummated no. I told them that I was interested in the wheels and wanted to come see them in person. I told the employee what car it would go on to which he said it would fit. Then decided to make the purchase. When I found out they did not. I messaged the business within a day and a half of picking them up to which I was told there were no returns
 
Go to the store tomorrow with a copy of the statute. See how that goes. Be prepared to take photos of the store to show that there are no signs regarding a refund policy.
 

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