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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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I am producing goods (roasting coffee beans) for a customers

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I am producing goods (roasting coffee beans) for a customer's order. He is now considering canceling the order. We have no stated return policy, but nor do we have a specific written contract with this customer. He emailed the amount of coffee wanted, and in response to a quote from us, sent us his credit card number and asked us to arrange for shipping. Other conversation over several phone calls involved our informing him that we had started the roasting and bagging for his order. Now he wants a full refund for goods that have begun to be manufactured in good faith.

My questions are: 1) Are we obligated under Virginia law to give him a full refund, or can it be a partial refund based on goods already produced?
Hi, thanks for submitting your question today. Under the Commercial Sales Code of VA your email communications are sufficient to create a contract. You have the buyer inquiring for a proposal, you giving one and him responding with an order and payment. It appears as such that you have a contract to fulfill the entire order. Likewise the laws of your state do not require that you have any refund/cancellation policy, and you do not have one. It would have been the buyer's responsibility to inquire as to your policy if he so desired one as a term of the sale.

So, to directly answer your question, you do not have to refund any part of the sale if you do not desire to do the same. You could complete the order and ship it off to the buyer and keep the payment, or send out the partial order and give a partial refund. It's a business decision in your discretion.

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