Taylorshop55
New Member
I purchased a large screen TV on a Saturday and once I set it up, my wife decided it was too large for the room. I repacked it in the box just as I received it with all the protection and sticker in place, as they were never removed. The next day (Sunday), I contacted the store and explain the situation and that I would be returning the TV. The sales clerk stated there would be a 15% restocking fee. I ask where is that stated on my invoice/sales receipt. He acknowledge that he had forgotten to give me a copy of the company's return policy letter and that it was not mentioned during the sales transaction. He then put his manager on the phone and I again explained the situation. She stated that even though the salesman failed to provide me a copy of the return policy or brief me on it, I should have read the sign posted in the store. She stated that if I returned the TV, I would still be subject to the 15% restocking fee. After I returned the TV and they deducted the $300 restocking fee, I asked to see the restocking fee sign. The salesman walked around the customer service area looking for the sign and then someone told him it was upfront. We walked up front to a cash register and the sign was laying face-down covered by other papers. The policy is a folded envelop, approximately the same size as a postal envelop on a piece of Plexiglas. The store is about half the size of a HomeDepot ,with two large customer service areas in the middle, which is where all the credit and major purchases are completed. There is no way any customer could or would see the posted sign, even if it had been standing up. On Monday, I decided I could possibly sell the TV myself and not lose any money. My wife call the store and was told it had already been sold. I have read that New York and several other states have laws in place regarding make customers aware of return policies prior to the sale; does Texas have such a law? I have spoken to several personnel at the corporate office and they just reiterate the store policy, without applying any common sense regarding making customers aware of their return policy. What are my chances of being successful in small claims court.
