Liberal Return Policies vs. "has my camera been used?": A way to Solve This

Started 4 months ago | Discussions thread
ne beginner
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Re: reading but not listening...
In reply to Patrick McMahon, 4 months ago

Patrick, you seem upset. Not my intent, and I sincerely do respect your opinions and comments.

I am merely pointing out that I do not believe UCC defines "new", as you suggested, nor does it apply to they type of transaction we are discussing. if I am wrong, I would appreciate hearing so, because that would be very relevant to what we are discussing.

I am disagreeing that, as a "matter of fact", as you state, an item that is sold, used, and returned, can be resold as new by a merchant. That is your opinion, right?

And of course you know we are not talking about items that have been "simply opened", right?

Surely you know that each state has its own laws regarding that? And that it varies by product category? Precedent also matters.

You also are well aware I'm sure that regardless of what state you live in, you are indeed protected everyday by such laws, at least some categories. Food products, personal care products, automobiles, undergarments, many automobile parts, consumables (anything from floor cleaner to dish washing liquid) cannot be sold knowingly sold by a merchant if they have been opened or used.

When I was in college, I worked at a home and auto store. A 50+ store, 70 year old chain, in 3 states. When ever they needed something, a cleaner, oil, batty, paint, etc, we would "borrow" it from the shelf. They also routinely re-sold as new car tires and batteries. Returns, including consumer electronics like TV's, stereo's, etc, went back on the chef as new. All at managements direction. Guess what? They were exposed, fined, and went out of business because they lost consumer trust.

A few years ago a national chain was fined in 3 states as I recall for re-selling as new products that had been sold, used, and returned. Hardware items, like ceiling lights, lawn mowers, etc. The have stopped doing so, and now sell such items as "open box".

If you are curious about the consumer protection laws in your state, go read them and see what applies in your state.

Patrick McMahon wrote:

1. "Why" the UCC was "enacted" and what the UCC consists of now are 2 entirely different things.

2. I have said very matter of factly that a correctly returned good (camera) which is new (stringent inspection, warranty card, etc.) is new and is such under the law. You have opined that "no,no,no!" it isn't. I have said, quite graciously, that I understand your opinion. And still there is an opinion by you that my facts are wrong.

As such I would expect to see some sort of statute that says "it shall be unlawful to..." or a code which would say "any good which simply has it's box opened is no longer a new product..."

Otherwise we can agree to disagree, though I was of the opinion that I was being very agreeable to your proposition.

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