If a no return policy is not clearly stated, can it be enforced?
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If a no return policy is not clearly stated, can it be enforced?
We bought a new top off the line mattress but my wife now hates it. The offer an exchange program after 30 days and will allow you to get a different mattress for a small fee but the problem is all the others they sell are either lesser quality or are memory or latex foam which are not suitable. My wife has had recent hip and knee surgeries and finds this bed too uncomfortable period! We wanted our money back but were told the don’t do refunds on mattresses this mattress cost us $2300 and is only 2 1/2 weeks old. No where, and I mean no where, on the paperwork does it state you can’t return it. I could understand if it was soiled or damaged. If they had a bed that fit our needs I’d have no problem just swapping it.
Asked on August 20, 2015 under General Practice, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is actually no need for a seller to state a "no return" policy because all sales are final unless the seller chooses to have a return policy that is, "no returns" are the norm, and the seller must affirmatively choose to allow or accept returns. There are some exceptions--if the merchandise is defective or does not confirm to what the buyer ordered, the seller must generally accept it back--but in the absence of some defect or non-conformity, the seller is not required to allow returns, unless they have announced or articulated a policy of accepting returns. You cannot assume that you can return something you don't like, unless the seller has a return policy.
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