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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 88767
Experience:  Attorney experienced in commercial litigation.
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Hello, A few days ago I bought a toy for my baby girl at

Resolved Question:

Hello,

A few days ago I bought a toy for my baby girl at a local store. When I got home i discovered that the toy (a wood pool toy) had what seems to be a defect in the back wheels. They are not assembled properly and there for the toy (which has 4 wheels) can barely be pooled. I went back to the store and the manager told me its not a defect and that all wood toys have imperfections like that because its wood. She brought another box and the same issue exists there. All my attempts to explain to her that I buy many wood toys for my kids and her argument is ridicules where to no avail. She can only give my store credit (er the store policy) no refund. I believe that since this item is indeed defective I'm entitled to get my money back ($52) What can I do? In the meantime I took a store credit but told the manager she just lost a customer and that I plan to sue the store. (By the way she said she is not the owner just the manager and that the owner lives outside the USA) I would appreciate your help with this.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did the store post a store credit refund policy or have it on the receipt?

Is the manufacturer in the US?
Customer: replied 9 months ago.

The credit refund policy is on the receipt.


 


The manufacturer of the toy is HABA - its a German manufacturer

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

I am afraid that under the law, if the store makes their refund policy clear to customers, then they can give in store credit for refunds. Your only other chance would have been that if they refused to give you any refund at all, you would have been able to sue the store for the manufacturer's defect, but because the manufacturer here is in Germany, it is going to be not cost effective to try to sue the manufacturer in Germany for $60 or so I am afraid.

Legally though, a store owner can have this type of policy.
Customer: replied 9 months ago.

I understand the policy and under normal conditions I wouldn't have said anything. But what happens when I get a defective product? Isn't that something that isn't bound by the store policy? I want this exact product - nothing else and whatever they have there has the same problem ...

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

I understand your contention, but when a party sells a defective product they have the obligation to replace the product or issue a refund in accordance with their refund policy. So if this is their refund policy, then many people choose not to shop at these types of stores any longer.
Law Educator, Esq., Lawyer
Satisfied Customers: 88767
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 14 other Consumer Protection Law Specialists are ready to help you
Customer: replied 9 months ago.

OK, I understand, thank you for clarifying.

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