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Marsha411JD
Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20123
Experience:  Licensed Attorney with 29 yrs exp with Consumer Law issues
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I purchased cosmetics from a vendor at the mall. Do I have a

Customer Question

I purchased cosmetics from a vendor at the mall. Do I have a three day window to return even if they say they have a no return policy
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Idaho
JA: Have you contacted the manufacturer?
Customer: Just bought them today and had an adverse reaction to the products. I will try to return the unopened products tomorrow. Do I have any legal protection?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information and your question. There is no 3 day right to rescission under either Idaho or Federal law for goods sold unless the vendor gives the consumer that right orally or in writing. There are some cases where the Federal 3 day right to rescind does apply, but consumer products like this are not covered under the law. That said, if the product if defective, which is not necessarily the case if someone is allergic but could be, the vendor is bound by the implied warranty that the goods are fit for their purpose.

So, if the vendor refuses to refund your money, or exchange for an item made with different ingredients, you can try filing a complaint with the Idaho Attorney General's Office, Consumer Protection Division and see if they can get you a refund. They will investigate the issue and make a decision based on the product, etc. You could also try telling the vendor that you know that under the law their product has an implied warranty, which may or may not work, but worth a try if they bulk at giving you a refund.

Please feel free to ask for clarification if needed. I will be away from my computer for much of the day, but will get back to you as soon as I can. If you do not need any further assistance, then if you could take a moment to leave a positive rating in the ratings box above, and let me know I have answered your question by responding, I will receive credit for assisting you today. Thank you

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