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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 2 months ago

What are my options when supermarket will not honor return policy?

Update:

I purchased food items from a supermarket in California (a chain that does business in multiple states). When I went to return the items, the market has now posted signs informing customers that all sales are final due to the coronavirus. However, at the time that I purchased my items, they had not yet posted these signs. They will not allow me return the items now, or even when the coronavirus has died down and they go back to usual policy. Can I sue in small claims court? What other options?

6 Answers

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  • Anonymous
    2 months ago
    Favorite Answer

    Yes, you can sue in Small Claims Court.  

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  • 2 months ago

    Returning non-defective items to retailers is very common but it done based on company policy and not the law. A retailer is obligated to refund or replace a defective item but they are otherwise NOT normally legally obligated take an item back for a refund.

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  • 2 months ago

    The return policy was ALWAYS NO RETURNS. How hard is that to understand?

    I DEFY you to claim they EVER has a sign stating returns were allowed for food.

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  • DON W
    Lv 7
    2 months ago

    With the pandemic, stores are likely to be very unwilling to accept returns, as they may now be infected with the virus.  In short, during public emergencies, store policies are highly subject to change.

    UPDATE

    Sure, you can try to sue when the pandemic quiets down, but your chances of winning the lawsuit are low.  There's a public emergency now, and the rules are different.  I doubt that any judge would be sympathetic to you saying that you made the purchases before the emergency.  Also remember that there will be a fee to file in small claims court, probably more than the groceries are worth.

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    • Emanon2 months agoReport

      According to CA Civ Code § 1794(d): "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses...reasonably incurred by the buyer in connection with...such action."

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  • Joe
    Lv 4
    2 months ago

    Unfortunately, there are no options 

    • Emanon2 months agoReport

      But CA Civ Code § 1792 seems to indicate that here should be an implied warranty of merchantability in California for "every sale of consumer goods that are sold at retail in this state." And under CA Civ Code § 1793.35, express warranties for the retail sale of consumables are enforceable.

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  • 2 months ago

    I bought some toilet roll and they neglected to tell me it had corona virus all over it.

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