[secboxman518]

I have a Legal Question, here goes


I have a small company that I run in my spare time, Computer work.

But anyway, I have sold a complete system to a customer and after a week he wants his money back, a typical non written rule 3-day money back, but that is not written anywhere, in the event of the sale I've supplied the customer with a warranty of 15 days for hardware defectivness, and an invoice, on none of the papers I have supplied him with does it state refunds given nor not given.


I've tried reasoning with the customer, but the customer just wants his money back, and he is being rather inpudent upon the matter.

I live in NC if that matters

Any advice is welcome, and thanks.

Secboxman518

[CaptainForest]

All sales are final.

Exception is when the firm doing the seller offers a refund policy.

Sears offers a 30day refund policy. Meaning that you may return your product within 30 days and get your money back. If Sears didn't offer said policy, they don't have to give you your money back.

Since you have not offered a refund policy, only a warranty, you don't legally have to give him his money back.

However, keep in mind, he might try and sue you, and claim that you did promise a refund policy to him verbally. Make sure you are recording everything right now, keep all your files in order.

[secboxman518]

Even though I have no where stated that there is a refund, it should be all sales are final,

I as well do not have that specifically stated either "all sales are final"?




Thanks
Secboxman

[CaptainForest]

Yeah, the law is that all sales are final. So without any signs posted, then it is all sales are final.

However, if he were to lie to a judge, and tell the judge you said there was a 3 day return policy or whatever, and the judge believes him, then the judgment will be against you.

[secboxman518]

But it has past the three day period.

[CaptainForest]

Yes. But if he tried to get his money back within the first 3 days, that's all that matters. Since he tried.

[secboxman518]

OK then, since being he didn't and that I have proof that he didn't I am pretty safe to say, sorry for the inconvience, but I can no longer assist you in this matter, and if you wish to persist, I'll see you in court?


Be reminded that this is In North Carolina, same "law" applies?




Thanks
Secboxman

[secboxman518]

I would have glady refunded the guys money, but he just simply wouldn't cooperate at all. I have no problem with giving people their money back if they are not satisfied, but when you do it in an unruley manner.

[excon]

Hello sec:

I'm not familiar with N.C.

However, in general, the three day right of recision would not apply in your case. Only sales that occur in a customers home qualify. THOSE sales are, in the main, high pressure, and lot's of people feel buyers remorse just as soon as the salesman leaves the house. Indeed, many of those sales happen to the elderly and vulnerable amongst us, so the law give them an escape clause, but only for three days.

Other than those sales, you may dictate the terms of your sale. You get into trouble when you don't have a sales contract that spells out the details. I recommend you put something together.

From a legal perspective, if he wasn't cheated, he isn't entitled to his money back. That doesn't mean that he might not win it back in court if he doesn't tell the truth or you can't prove your side. On the other hand, for public relation purposes, you could just give him his money back. If you're a small businessman, your reputation is all you've got. If it were me, I would guard it with my life.

excon

[talaniman]

If you are not SEARS and wish to do business then you should consider that a happy customer is one who will come back to you! It may be in your best interest to take care of your customers as they may take care of you~! :cool:

[Fr_Chuck]

OK, I don't know the size and type of exact business you do.

But one very bad vocal customer can cost you 1000's in lost sales. Good happy customers can get you more and more business.

My wife does not even advertize her music business any longer, word of mouth from happy customers gets how more business that she wants, she actually turns business down. But unhappy customers like this can cost you a lot also.

First you need to on large sales follow up after the sale, (re-sale) your product. Most liekly this is buyers remorse, happens on every sale, you need to re-sale this idea of why they need the product.

What is your loss if you take this back ?

Is something not working right ?

Now you are not required to give refunds, but honestly if you don't the word will get around. So what do your competitors do? If you get several customers like this, will you stay in business.

YOu need to find out why he does not want it any more and see if there is a problem you don't know about.

[talaniman]

What ever happened to the customer is always right?:cool:

[mr.yet]

Rule 1. Customer is always right.
Rule 2. Customer is wrong.
Rule 3. Re-read rule 1.

No matter how much abuse a customer gives, remember, a happy customer tell a friend, who, tells a friends.
Customer relation is very important, a pissed off customer will tell everyone his side only.

Just a thought;)