Are you shopping for (or returning) holiday gifts? Look for a return policy sign in the store! Under California law, stores are free to set their own policies as long as they are posted conspicuously, so make sure to check for a policy before buying.
If a store has no posted policy, California law provides that in most cases, as long as you have your receipt, you are entitled to full refund or equal exchange within 7 days of purchase. (Cal. Civil Code § 1723.) There are exceptions, such as food or other perishables, items returned without their original packaging, or underwear and bathing suits. In addition, stores can refuse refunds for items marked "as is," "no returns," or "all sales final," or customized items that are received as ordered.
If the store does have its own refund policy, it must post notices explaining the policy, including whether the store will give a cash refund, store credit, or exchanges for the full amount of the purchase price; how long you have to return your purchases; which merchandise the policy covers; and any related conditions. The refund policy must be posted on signs at the registers and sales counters, at all public entrances, on item tags, or on the order form (if any).
Surprisingly, even stores in the same chain can have different refund policies. Stores can also change their policies at will, so some stores may have different policies during the holiday shopping season than the rest of the year. Often holiday return policies allow more time so that people can return gifts easily.
Retailers who violate Civil Code §1723 may be liable for the amount of purchase, and are also subject to the Consumers Legal Remedies Act (Cal. Civil Code §§1750-1784), which allows class action lawsuits for deceptive and unfair business practices.
Frequent returns
Although many stores policies become more liberal around the holidays, you may find that some stores are getting stricter. Some stores are even using software to track their customer's return habits. If a customer returns too many items in a certain time period, or behaves in other suspicious patterns, the store may refuse to issue refunds to that customer. The stores that use such systems should include a statement about them in posted policies, so check for that, too. You can find more information about stores that track returns in ConsumerReports.org's 2005 article, "Returns: Watch out this holiday season."
Warranties
Unless sold "as is," all consumer goods except clothing and consumables have an "implied warranty" that the item will be fit for its ordinary purposes. This warranty lasts 60 days; if the product also has a written warranty, the implied warranty lasts as long as the written one does, up to one year. (Cal. Civil Code § 1791 and following). If there is a written warranty, you are entitled to have the item repaired to fix any defects, and if it cannot be repaired, you are entitled to a refund or replacement.
For more tips for both purchasers and gift recipients, visit the California Department of Consumer Affairs website.
By Kate Fitz, Public Services Librarian
updated 02/2008