Do I have a case against GameStop Inc.?

[trudooms]

I purchased some used DVD's from Gamestop that have a seven day return policy according to the return policy. The Return Policy states "Used video games and all other opened product must be returned in 7 days." I went to return them and the manager told me yeah it's used but the DVD's are excluded. Under California Cilil Code Section 1723 It states the return policy must include the types of product covered by the policy and any other conditions that govern the refund. Since they lack the "special conditions" for the DVD's can I collect damages for what I paid for and was not allowed for return?

 

[Michael Wechsler]

I purchased some used DVD's from Gamestop that have a seven day return policy according to the return policy. The Return Policy states "Used video games and all other opened product must be returned in 7 days." I went to return them and the manager told me yeah it's used but the DVD's are excluded. Under California Cilil Code Section 1723 It states the return policy must include the types of product covered by the policy and any other conditions that govern the refund. Since they lack the "special conditions" for the DVD's can I collect damages for what I paid for and was not allowed for return?

Hmmm... this is a good question, which trumps which. It's arguable that you were confused by this policy since it seems to exclude the DVDs. You may want to argue with the manager that he may be correct about the law, but the poor and vague notice seems to state differently and the storeowner has the right to accept opened DVDs. Honestly, unless you have a good reason for return, this will be a tough one to manage. For the $5 difference you may want to tell the store manager that you're not going to buy there again and tell your friends about the problem and let him consider the business implications. Hear what he has to say. It isn't worth it for either of you to go to court over such a small dispute. Good luck.