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Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2446
Experience:  Knowledgeable and Experienced Attorney
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Am I allowed by law to receive a total refund purchase of a

Customer Question

Am I allowed by law to receive a total refund for a purchase of a mattress without any penalty if I have not as yet received my merchandise? The mattress will be delivered this coming Friday. The vendor's cancellation policy is as follows: "All cancellations on date of delivery are subject to a 20% cancellation fee prior to you receiving the merchandise. Once merchandise is accepted, no refunds will be given, only comfort and warranty exchanges will be honored."
I requested a refund from the vendor this morning less than 24 hours after the purchase last night around 5:00 pm to 6pm. The salesman told me that I am not able to get a refund because my reasons for not wanting the mattress was not good enough. He said that he would call me back. It is past closing time and he did not call me back. I put my request for a refund in writing and sent it next day delivery with return signature . I wanted it to get to him before the mattress is delivered this Friday 6/3/2016.
I will refuse to accept it if the salesman sends it anyway know that have ask him over the phone and by written communication.
Am I still liable to accept the merchandise after requesting a refund for a product I know longer want because it will not meet my expectation. I checked the product on the serta
website and it is lesser than depth than what I wanted. The salesman said it was 15 inches and the website for the same mattress I purchased said that it's depth is 10.5 inches. Consumer Guide online reports that the gel top will start to deteriorate and soften over time . Please advise
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 6 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear you are dealing with this frustrating situation. From the information you posted, you are entitled to return the mattress at this junction, and your reason is irrelevant. You don't even have to give one. That said, you may be subject to a 20% penalty which could legally be assessed because it is presumed that the company has processed the order, possibly paid for shipping, and incurred expenses in both time and money on it's end. If you canceled the order prior to any action being taken on the company's part, you may be able to negotiate a full refund with the manager, but either way you are not obligated to accept delivery and, if you refuse the mattress, at worst you will be subject to a 20% penalty. The rest of the money should be refunded. If not, you can take the matter to small claims court (assuming you do not accept delivery of the mattress) and get your money back that way, in addition to court costs, etc.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.

Good luck!

Best,

Attorney 1