people's Lawyer


Store refuses to give refund for gift

Question I went to return a gift I received. Unfortunately, I received two of them. The s tore refused to give me a refund. It said that "store policy" was store credit o nly. There is nothing else that I like in that store. Am I entitled to a refund?
Answer I don't want to sound like a lawyer, but it depends. Your right to a refund must be based on your "contract" with the store. Most people don't think about it, b ut every time you buy something at a store you enter into a contract. In your ca se, the person who bought the gift formed the contract. The terms of that agreem ent control your rights. Some of the terms of the contract are expressly stated, for example the price. Other terms arise by implication, for example, some warr anty rights as well as the right to return or exchange the item. Generally, if n othing is said, a person may return a gift, get an exchange, a store credit, or a refund. In my opinion, this right becomes an implied part of your contract bas ed on what a reasonable person would expect. Because most stores allow gifts to be returned for a refund, the law implies that as a part of your contract. The p arties to the contract, however, have the right to change this "implied term" by expressing something different.