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    loriinbus's Avatar
    loriinbus Posts: 2, Reputation: 1
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    #1

    Nov 14, 2008, 05:12 PM
    Product Return & Refund Laws in NC
    HI
    We sold customized prodcuts to a customer. The customer approved and agreed to our process via email-there is a return and refund policy clearly stated with each email confirmation customers receive.
    The customer contacted us within a week that she was not satisfied with her custom order and it was not what she thought she was getting. We offered to remake the merchandise if she would return them. She refused to pay for the return shipping-also stated in our confirmation email-and stated her deadline was over and reproduction was not possible. She immediately threatened with legal action. We told her to return the merchandise and we would process her claim. She had a lawyer contact us stating that our restocking fee was not applicable to her situation and that she should be given a 100% refund on all merchandise plus shipping. We issued labels for her to return the merchandise, at our expense. We sent pick up attempts, at our expense. She refuses to return the merchandise until we guarantee 100% refund. We replied that the merchandise would have to be returned and inspected by us, before any claims could be processed. She still refuses to return the merchandise and states she will continue her legal action if we do not guarantee 100% refund before we have even received the merchandise since they have been in her possession.
    Will our attempt to retrieve the merchandise, as well as our return policies hold up in court? Especially since we offered to remake and replace the product, and have paid to have them picked up twice?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 15, 2008, 05:12 AM
    Quote Originally Posted by loriinbus View Post
    Will our attempt to retrieve the merchandise, as well as our return policies hold up in court? Especially since we offered to remake and replace the product, and have paid to have them picked up twice?
    Hello lori:

    I think it should.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 15, 2008, 08:30 AM

    In a word - as long as you have complied with the return/refund policy as much as you can with or without the customer's cooperation, yes, I see you prevailing in Court for the cost of the order PLUS your additional expenses. (Some people can never be satisifed and your customer sounds like one of them.)

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