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I made a purchase and decided to return the item, because it…

Customer Question
I made a purchase...

I made a purchase and decided to return the item, because it was exchanged for another item. The store decided to count from the first item date and so refused the return which is still within valid period. I am angry, please tell me if I have a case.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The state is Texas, specifically Dallas.

Lawyer's Assistant: Has anything been filed or reported?

No, I only called customer service, she said they should return the item. the store and district manager

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/6/2018
Lawyer: ScottyMacEsq, Attorney replied 4 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Many retailers, as part of their business models, allow returns if customers change their minds or receive unwanted items as gifts. While many retailers have decided this makes for the best business practice, they aren't legally required to accept returns. Rather, retailers are required to accept returns only if the sold good is defective or if they otherwise break the sales contract. Some states have laws that govern returns and the restrictions on returns. Texas does not have any such law. There's no right to cancel contracts or purchase agreements. Whether you can receive a refund is dependent on the retailer's return and refund policies.

As there's no right to return under state law, the only right that you might have would be contractual in nature. That is, if the retailer has a return policy that rises to the level of a contract AND it's clear that they violated it, then you might have a case. But your entire case would hinge upon the specific return policy of the specific store. If there wasn't a violation of the return policy, you wouldn't have a case, no matter how illogical, unethical, or immoral their actions were. If the policy gives the store any discretion at all for accepting / rejecting returns or in the interpretation of the policy, then there's no case.

Now it's still possible that the written policy would give you a claim, but it's a remote possibility. IF so Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you should be refunded plus fees and costs.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 4 months ago
They have a return policy of 60 days and the item is barely 3wks. Their issue is that it was exchanged with another item. They are counting from date of first purchase I stead of the present item
Lawyer: ScottyMacEsq, Attorney replied 4 months ago

I understand.

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Did you have an additional question?

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Hello???

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (well over an hour) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Hello?

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Lawyer: ScottyMacEsq, Attorney replied 4 months ago

Please note that I am still waiting for your response or rating...

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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