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.
I know of no specific law, but I strongly encourage you to make arrangements directly with the store and make sure you are all in agreement so you don't have any issues later. I also encourage you to do what you can to pick up the counter as quickly as you can which will also insure there are no issues.
Personal Injury Lawyer
You may be able to enforce a verbal contract that they will keep it or you. However, I suggest you get that agreement in writing so there are no problems. Maybe they can fax or email you something in writing stating they will hold it for you until you can make arrangements to pick it up.
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