************
************

There is a law: A customer has a right to ask for a refund if any of the implied conditions have not been met. This means a refund would be in order if the goods: • do not do the job the customer was led to believe they would • have a fault that the customer could not have known about at the time of purchase • do not match a sample the customer was shown • are not as they were described. Fair Trading Your refund rights and obligations Page 2 Disclaimer Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual legislation. © Copyright State of Victoria 2008 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. For advice on how to reproduce any material from this publication contact Consumer Affairs Victoria. Published by Consumer Affairs Victoria 121 Exhibition Street Melbourne Victoria 3000. Printed by Kosdown Printing 63-71 Rouse Street Port Melbourne 3207. Printed on recycled paper. Page 3 Your refunds and obligations Here are some basic tips to follow to ensure that your customers clearly understand your refund policy: • Be specific when advertising your refund/exchange policy to customers. • Make sure your staff are clear about the policy. • Clearly display your policy to the customer. • Do not mislead customers with signs stating "no refunds". Implied conditions Every time you make a sale you are entering into a contract. With this contract come certain conditions that you must adhere to and cannot change. These are called implied conditions. Implied conditions are set by law under the Fair Trading Act 1999 and the Trade Practices Act 1974. They are a basic guarantee of the "saleability" of the goods. Every time you sell goods for personal, household or domestic use, they must meet the following implied conditions. They must: • be fit for their intended purpose – they must do the job the customer reasonably expects them to do or made known to you, the trader, at the time of the sale. A toaster should toast, a raincoat should be waterproof and shoes bought for hiking should be suitable for walking long distances • be of merchantable quality – goods must meet a basic level of quality and performance, bearing in mind their price and the way they were described. They should not be faulty (unless clearly labelled so). A $200 watch should not break down in a week • match any sample or description given by you whether the description is face to face, on the label or packaging, or in any promotional material. A shirt labelled as cotton should not turn out to be polyester. If any of these implied conditions are not met, a customer is within their rights to ask for a refund. Express warranties Express warranties differ from implied conditions because they are set by the trader or manufacturer and usually written down. An express warranty guarantees to rectify certain problems should they arise. An express warranty does not cancel out and cannot limit the implied conditions in any way. The implied conditions apply regardless of the terms of the express warranty. For example, if the express warranty for a television lasted only a year and a fault developed soon after, a customer may still have a right under the implied conditions to claim some form of redress, since it is reasonable to expect a television to last longer than a year. A customer has a right to ask for a refund if any of the implied conditions have not been met. This means a refund would be in order if the goods: • do not do the job the customer was led to believe they would • have a fault that the customer could not have known about at the time of purchase • do not match a sample the customer was shown • are not as they were described. You may offer to repair the faulty goods, exchange them or provide a credit note. Importantly, the customer has a right to insist on a refund if that is what they want. Note: Goods that are "on sale" must be treated in the same way as ordinary stock when determining a refund. The implied conditions cover them regardless of their sale status.

and most of those are valid reasons for the rings and gorgeous Pil.

California's laws: http://sccounty01.co.santa-cruz.ca.us/DAInternet/refunds.asp

People put 100% guaranteed as a marketing ploy. the person is saying I have so much confidence in my product that if it doesn't work I will give you your money back. also most of these companies put their products through testing so they know they work. This is done through test group (scientific or otherwise).

Alex tests all his products so we know they work. So maybe Alex and Sac should put 100% guaranteed as well. Sac, did you get a refund from Scientology?

erereer
************

sfssf
but anon, one time I got a cleanse from this lady. and i was unhappy with it and asked for a refund. she said since she is a distributor, she has no way of getting the money back and told me she doesn't do refunds. also, in ebay lots don't do refunds.

The reason why people get away with it is because hardly anyone knows the laws. You can take any company to court if you meet the above requirements (at least 3 to be safe) and you have a lawyer.

ereee
************

but then you loose the confidence of the customer. That doesn't look good since the products look like scams anyway. But if you think it is better to say, "Hey I don't believe in my own products." then go ahead. I'm just saying that since you aren't a well established business (ie I don't see the rings on prime time TV commercials) then it may not be so good to take away that confidence.

ddfdf
************

Make sure it is posted at least on the check out page. I would also add it to the front page, The product info page, and any other page at the bottom. But make sure the no refund is posted in BIG letters on the very top of the product page.