I purchased an item at a retail store in San Diego - Ca . 4 days ago . I purchased the item 9 ( extremely heavy kitchen counter - ( 400 pounds ) After I made the purchase I thought that maybe they might deliver the item to my residence . They do not delivery merchandise . I then asked if one or a few guys could help me lift the item into my vehicle and I was also told that they could not and would not lift the item into my truck . Told the manager that I am busy a lot and that I might not be able to get the item for a few days . I was told that it was alright to leave my item there for a few days . It has now been 4 days and the item is still at the store . Any law on the books about the time frame for picking up items paid for at a store ? Thank you . parties ) . Only example I have to compare . Help Thanks
There is no California statute specifically on point.
There is law regarding layaways. See the California Layaway Practices Act at Civil Code §sections 1749-1749.4.
There is also law regarding retail store refunds and store credits. See California Civil Code section 1723.
However, with respect to your specific issue, the answer really depends upon your contractual agreement with the store and/or the store's policy regarding pick up.
Unless this is a special order item, your choices are to either pay for delivery from a third party provider, or return the item for a refund.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Personal Injury Lawyer
I concur with Attorney Chen. I would add that you should either ask for a refund or remove that kitchen counter as soon as possible. You asked for a few days and they gave it to you. 4 days is really pushing the envelope. They are not a storage facililty. Get a mover to help you. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Debt Settlement Attorney
I agree with Attorney Chen and attorney Crosner. Make sure the mover you choose has liability insurance and worker's compensation insurance. Otherwise, you may be taking on a liability unnecessarily. Good Luck.
*Scott G. Nathan has been licensed to practice law in California since 1983. The information presented here is general in nature and is not intended, nor should it be construed as legal advice for any particular case or matter. This posting does not create any attorney-client relationship with Scott G. Nathan or my law firm. For specific advice about your particular situation, you should consult with an attorney immediately.