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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114132
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This regarding flooring that my wife purchased but we've yet

Customer Question

This regarding flooring that my wife purchased but we've yet to pick up. She changed her mind and now they're trying to charge a restocking fee although we haven't even picked up the product.
JA: Thanks. Can you give me any more details about your issue?
Customer: She payed cash. We have a receipt.
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Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 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.
What did the terms of the contract you agreed upon state. It should be on your receipt as to whether or not there were refunds issued or if there is a restocking fee? Does your slip provide for such a fee on returns/cancellations?
Customer: replied 11 months ago.
It does state that there's a restocking fee on the receipt. The issue is we never picked up the product. He sent home several samples and the one my wife likes he doesn't have. She prepaid cash😳 and he said let me know what floor you would like and I will have it ready for your installer. The floor she picked he doesn't have enough of it.
Customer: replied 11 months ago.
Can you enforce a return policy if the customer never takes the product?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Yes, they can enforce a return policy even if the customer never takes the product from the store. The receipt is a binding contract with the customer. If the receipt states that there would be a restocking fee for any cancellations or returns, then legally that is the terms of the agreement.
Unfortunately, you are bound by the terms of the agreement you signed, but if he does not have enough of the material you want, then you have grounds to claim breach of contract and to seek to invalidate the contract and hence that clause as well. So you need to contact him and tell him that you would not have had to cancel the contract if he had the material and there would be no fees. Tell him since this was his fault, he is in breach of contract and you are demanding the full refund or you would sue in small claims to recover your money and will file a complaint with the Better Business Bureau against his store as well.