I purchased an item online and was charged a restocking fee upon its return. Merchant stated a restocking fee was applicable because item's price was higher than $4000, as specified on its returns policy. I believe the return policy is ambiguously written and it does not say that the return of all items with a price higher than $4000 will have a restocking fee. Instead, I believe it says that items considered "special order" with a price higher than $4000 will have a restocking fee. These are very different interpretations. The item was listed on the website and was on stock, so I believe it was not a "special order" item.
Here is the returns policy: "Select items sold on xxx.com may be considered a "special order" and subject to a limited return policy. "Special Orders" may be items that we do not have in our warehouse or items that we do not have on our website and need to be custom ordered from our distributor. Special ordered items subject to return policy limitations have a sale price of over $4000, the return of these items will have restocking fees of 8%."
I am interested in knowing if attorneys agree or not with my interpretation of the policy.
Thanks in advance!
You have no interpretation just beliefs of ambiguity. best to bring the actual policy to a local lawyer to review.
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
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