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Ihave a question about return policy. We purchased cell

Hello, Ihave a question...

Hello, Ihave a question about return policy. We purchased cell phones on Feb 27, evening. Today is March, 13, and the store does not take phones for refund, they say the last day was yesterday

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

California, San Jose the receipt states 14 day return policy

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

Filed where? we just got out of their store, where they told us this

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My only question is how the return policy is calculated. We think we are within the return window. today is day 14 of us having their phones, and we want to return back

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Answered in 7 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. I'm so sorry to hear about your situation. I don't have great news and please don't shoot the messenger. For a return policy, Day 1 starts on the day that you purchase. This means that February 27th was the 1st day that you could return. Day 2 starts on the day after the purchase, and so on. Basically, the 14-day return window isn't calculated like normal calendar days; it's calculated based on the time of your purchase. So even if you purchased it at 11:59pm on 2/27, the clock starts that as Day 1. It's unfortunate, but it's how those things are calculated and likely how a court would see that.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Ok
Did you have other questions for me? I'm so sorry about this.
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Customer reply replied 4 months ago
Ok I see.
Customer reply replied 4 months ago
Even that we got the phone at 9.14 pm, and they were not hooked up to telephone line? They only turned on the cell phone service on the next day. Since it was a transfer from att. That only went through next day
Customer reply replied 4 months ago
Just to clarify with you , please
Customer reply replied 4 months ago
The Sprint cell phone service was only turned on March 28
I think that you have a good argument that the 14 day window is not entirely clear. There's no law in the civil code that specifically says when day 1 actually starts; I'm going off of what a court would likely determine. You may want to contact Sprint and tell them that courts have invalidated terms of contracts that are too ambiguous. As a result, they could spend a lot less money taking these phones back than fighting with you.
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I wish that there was some law that I could point to that you could show them, but really this is going to depend on how well you can negotiate with Sprint.
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They are not going to want to work with you right off the bat, but if you tell them that a court would probably look at this term in a light favorable to the plaintiff (you) then they may be more willing to work with you. For now, they're just going to hope that you go away.
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Customer reply replied 4 months ago
Ok. Thank you very much. We will use this information in our argument with sprint
You bet!
Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 4 months ago
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