>>>>Actually its quite correct. Its been upheld in the courts repeatedly. Signs do not a contract make.
I do not know where you are getting this foolishness,
Do you not think that a sign that says “All sales are final” makes any sale final and non-refundable (absent fraud on the part of the seller)
What about a sign that says “No smoking” or “Any sealed packaged opened by a customer constitutes a sale” or “no return without a receipt” would you not expect to be binding.
Actually, signs are “great” contract. They are a clear indication on the part of the store that they took steps to explain their contractual terms to the customers.
Please, stop the bad legal advice.
Do you not think that a sign that says “All sales are final” makes any sale final and non-refundable (absent fraud on the part of the seller)
What about a sign that says “No smoking” or “Any sealed packaged opened by a customer constitutes a sale” or “no return without a receipt” would you not expect to be binding.
Actually, signs are “great” contract. They are a clear indication on the part of the store that they took steps to explain their contractual terms to the customers.
Signage is not a legally enforceable contract since there are too many cases where consent is not possible, some of which I enumerated earlier. Many precedents on this, but I don't have access to WestLaw today. To address your particulars...
- Stores are not required to offer refunds by law except in sometimes in the case of latent defects or as directed by law (3 day cooling off periods in some states). Otherwise return privileges are at the discretion of the seller and Caveat Emptor applies.
- Opening a package as a forced sale is not enforceable in real time, neither is 'you break it you pay for it'. Try calling a cop to enforce it and see what happens. It may be enforceable in small claims court
The only recourse a merchant has when a person refuses to abide with their policies is to declare them PNG.
I suggest you take a class on merchant laws as they apply in your state. It will be an eye opener.