Illegal to refuse a refund?
I have a small computer repair shop. I operate on tight tight finances and my policy has always been that any hardware sold has a 30 day replacement or repair warranty, and there is no warranty on software. I have had many happy customers buy computers from me and have computers repaired with me. I only accept cash, because there is no chargeback risk as with credit cards or checks. Recently I had a customer purchase a laptop from me, bring it back and say she is not happy with it. Claims it will not play video games her son wants to play on it. I told her it is not powerful enough. (Not enough ram or processor speed). There is nothing wrong with the computer. I can’t afford to refund her but she claims its illegal to not refund money. I kicked her out but today I got a summons to appear in court for she is suing my business. I did nothing illegal here, how can she sue?
How can she sue? By not agreeing with your conclusion that there was nothing wrong with the computer. Whether she can win a lawsuit is another question. No law requires any sort of warranty beyond the implied warranties of fitness of merchantability. If the computer works, you have satisfied your implied warranty. You seem to have given an absolute warranty of 30 days, but with a limited remedy. The law in most places allows that.
She has no greater right to cancel the sale than you have to go to her home and demand a return of the computer.
March, 14th 2010 at 11:08 pm
How can she sue? By not agreeing with your conclusion that there was nothing wrong with the computer. Whether she can win a lawsuit is another question. No law requires any sort of warranty beyond the implied warranties of fitness of merchantability. If the computer works, you have satisfied your implied warranty. You seem to have given an absolute warranty of 30 days, but with a limited remedy. The law in most places allows that.
She has no greater right to cancel the sale than you have to go to her home and demand a return of the computer.
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March, 14th 2010 at 11:53 pm
If it was part of your policy not to give a refund then no you have not done anything wrong. Consumer law are not all that strong. Basically it is a contract, when she bought the computer, she bought it with policies and conditions of you company. If the computer is in full working order, and she did not inform you that she wont a computer that could A. Do here own things. B Be used by her son to play games,then this is not your problem. I assume she did not come back to you with in the 30 days either, where by it may have been possible for you to find some kind of solution to the problem. But just to be on the safe side, I would call your local consumer law authority and double check .
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March, 15th 2010 at 12:32 am
You can sue for anything but it does not mean you will win. She is wrong as many businesses do not refund money.
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