I had gone to Abbot Kinney with my adult daughter. I went into Skylark and found a pair of $72.00 size 8 sandals and purchased them for my wife of 25 years. I have purchased my wife shoes and clothing on several precious occasions. I brought her the shoes and she said they were small for a size 8. I returned to the store and asked for a refund.
I was informed by the sales associate, in an extremely rude tone that I was only entitled to store credit or an exchange. I asked why I could not get a refund and he said it was their policy. I asked where was this posted. He said on my receipt and on a note card inconspicuously located among merchandise (it would not make sense to be on the receipt after you make the purchase). He said he was not authorized to issue a refund. He said I could email the owner and that he was unable to call the owner (I immediately emailed the owner but did not receive a response until 4 hours later that said they offer only exchanges). He said they were a "mom and pop" store and not a corporate store able to issue refunds. I said the shoes were not "mom and pop" priced and he replied, "For Abbot Kinney they are, have you been to the other stores on Abbot Kinney?"
I eventually found two items that totaled to $68.00. I asked if I could have difference in cash and he said he was not authorized to issue a refund. I was unable to find anything that would make up the difference so I exchanged the two items. He did give me the difference in cash without issuing me a new receipt and without saying a word.
Skylark violates the DISPLAY OF RETURN POLICY BY RETAIL SELLERS (Civil Code Section 1723).
Recognizing this, the legislature has enacted a law (Civil Code section 1723), which requires retail sellers to post their refund policy, if the policy does not meet certain common expectations. These common expectations are:
* The retail seller gives a full cash or credit refund, an equal exchange, or some combination of these, and
* The customer may return the merchandise for at least seven days following purchase, if it is returned with proof of purchase.
When Return Policy Must Be Displayed
If a retail seller has a return policy which does not meet these common expectations, the seller must conspicuously display its refund policy as described in the next section. This conspicuous display requirement applies to any retail seller which sells goods to the public in this state whose return policy as to any of those goods does not meet these common expectations.
If a retail seller sells some goods under a return policy that meets these common expectations, but sells other goods under another return policy, the seller must comply with the conspicuous display requirement as to the latter goods.
I have highlighted the sections of VIOLATED by Skylark as to their policy and failure to be in compliance with the code.
Location and Contents of Display
1723. (a) Every retail seller which sells goods to the public in this state that has a policy as to any of those goods of not giving full cash or credit refunds, or
of not allowing equal exchanges, or any combination thereof, for at least seven days following purchase of the goods if they are returned and proof of their purchase is presented, shall conspicuously display that policy either on signs posted at each cash register and sales counter, at each public entrance, on tags attached to each item sold under that policy, or on the retail seller's order forms, if any. This display shall state the store's policy, including, but not limited to, whether cash refund, store credit, or exchanges will be given for the full amount of the purchase price; the applicable time period; the types of merchandise which are covered by the policy; and any other conditions which govern the refund, credit, or exchange of merchandise.
Their sign is arguably not conspicuous and does not include what is required by code.
The Civil Code prevents retailers who believe they have the upper hand once they take your hard earned money to keep it to pay their exorbitant rents. It is shameful the owner operates her business in this manner and her sales associates have to deal with her policy that violates the code.
Be a savvy, smart and informed consumer. I am now disputing the transaction with my credit card company, another reason to use a credit versus debit card. read more