Released: February 18, 2019

Help Desk FAQ

What are my rights regarding a refund for defective merchandise?

In California, unless an item is sold "as is," all new merchandise (except clothing and consumable products) that is purchased primarily for personal, family or household use has a warranty implied by law. This implied warranty states that the merchandise must be fit for ordinary purposes. It exists for at least 60 days, or for as long as provided by any written warranty accompanying the item (up to one year).

The Uniform Commercial Code provides a similar, automatic “implied warranty of merchantability” (a guarantee that consumer products are free of substantial defects and will function properly for a reasonable period of time) in all other states. However, most (not all) states allow sellers to negate the implied warranty by selling something "as is" or otherwise saying there is no implied warranty. Fortunately, you may still have protections under other laws that govern the sale of merchandise. And you may also be able to dispute the charge with your credit card issuer if you purchased the item on plastic.  

If an item that is sold with a written warranty is defective, you are entitled to have it repaired, and if it cannot be repaired, to have it replaced or to receive a refund of the purchase price. If the item is too big to return, the company must either pay shipping costs or provide service at your home.

Learn more about warranty laws from Consumer Reports.