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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8435
Experience:  Work and studies in privacy, lending, credit, and general consumer issues
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3/10/2009 (2 30pm) - Bought a dinette set from a consignment

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3/10/2009 (2:30pm) - Bought a dinette set from a consignment shop for $375.00. Asked the owner if she would paint it. She said yes for $100.00 w/me providing the paints. I agreed. My total charge was $493.75 (5% VA taxes.) Got home, measured my kitchen, decided it the set wouldn't work. Called the shop around 5:00pm, owner had left for the day. Told the clerk that I will be in tomorrow. I was told "all sales are final;" however, I could have taken the set home on a trial basis for 24 hour. I was not told that. So, to get some of my money back, had to reconsign the set. She did not want to give my $100.00 back because it was part of the "all sales are final." Gave me a $100.00 gift certificate which I took (against my better judgment.) Question - I get the rule about the purchase (all sales final) but the $100 was for a service she did not provide. Also, I note the $100 was taxed. I asked her to just refund the $100 to my credit card. She refused. Do I have any recourse? Thank you



You may want to contact the VA Office of Consumer Affairs, a state agency set up to protect VA consumers from deceptive or illegal practices. They can be reached here and their telephone contact information is here. They can also fully advise you on the rights of consumers in your state and on what your resolution of this may be. Normally, sales of goods by a merchant do not need to provide refunds and may be "final," however, retailers normally have to provide clear information to a buyer about any rights to returns or any "free trials." Also, when a consumer pays for a service but that service is never performed, even where the sale is "final" that may not apply to unperformed services. You should discuss this with the VA Office of Consumer Affairs and they may be able to help you resolve this.


Also, if this was a credit card purchase you may want to contest the charge with your credit card company by letting them know you were not made aware there was a trial period and that the service you paid for was cancelled as you decided not to take the item so the retailer has now kept money for a service they never provided.





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