Retail Sales

The following is the Florida law on Refund/Exchanges/Credits

501.142 - Retail sales establishments; notice of refund policy; exceptions.

(1)  Every retail sales establishment offering goods for sale to the general public that offers no cash refund, credit refund, or exchange of merchandise must post a sign so stating at the point of sale. Failure of a retail sales establishment to exhibit a "no refund" sign under such circumstances at the point of sale shall mean that a refund or exchange policy exists, and the policy shall be presented in writing to the consumer upon request. Any retail establishment failing to comply with the provisions of this section shall grant to the consumer, upon request and proof of purchase, a refund on the merchandise, within 7 days of the date of purchase, provided the merchandise is unused and in the original carton, if one was furnished. Nothing herein shall prohibit a retail sales establishment from having a refund policy which exceeds the number of days specified herein.

(2)  The provisions of this section shall not apply to the sale of food, perishable goods, goods which are custom made, goods which are custom altered at the request of the customer, or goods which cannot be resold by the merchant because of any law, rule, or regulation adopted by a governmental body.

Gift Cards

Tips for buying gift cards

Store cards sold by retailers usually are issued free of charge. But banks often charge a fee to buy their cards. Some bank gift cards come with a Personal Identification Number (PIN) that lets the user withdraw cash from an ATM. Other things you should know before you buy a gift card:

• Read the fine print before you buy. If you don't like the terms and conditions, buy elsewhere.
• When you're buying a card, ask about expiration dates and fees. This information may appear on the card itself, on the accompanying sleeve or envelope, or on the issuer's website. If you don't see it, ask.
• Make sure that whatever the salesperson tells you also is in writing. If the seller is reluctant to put the terms or conditions in writing — or says it isn't necessary — shop elsewhere.
• If the information is separate from the gift card, give it to the recipient to help protect the value of the card. It's also a good idea to give the recipient the original receipt to verify the card's purchase in case it is lost or stolen.
• Consider purchase fees: Is there a fee to buy the card, or activate it? If you buy the card online or on the phone, is there a fee for shipping and handling? Does expedited delivery cost more?
• Consider fees for the recipient. It might be embarrassing to give a $50 gift card to someone if much of the amount gets gobbled up in fees.
• Check on purchase exceptions. For example, can the recipient use a store-specific gift card at either the physical store or at the store's website? Can an “all purpose” card really be used to buy groceries or gasoline?

Tips for using gift cards

If you've received a gift card, it pays to be a well informed consumer.

• Read the terms and conditions as soon as you get the card, and check for an expiration date.
• If you didn't get the card's terms and conditions, the original purchase receipt, or the card's ID number, ask for them from the person who gave you the card, and then keep them in a safe place.
• Treat your card like cash. If your card is lost or stolen, report it to the issuer immediately. You may be out the entire amount on the card. Some issuers won't replace the cards, but others will if you pay a fee. And if they do charge for replacement cards, you'll most likely need to document the purchase and provide the ID number. Most issuers have toll-free numbers to report lost or stolen cards.
• If your card expires before you've had a chance to use it or exhaust its value, contact the issuer. They may extend the date, although they may charge a fee to do that.

If you have a problem with a gift card, the first step is to contact the store or financial institution that issued the card. If you can't resolve the problem at that level, you may want to file a complaint with the appropriate authorities:

• For cards issued by retailers: Contact your local or state consumer protection agency, the state attorney general's office, or the Federal Trade Commission.
• For cards issued by national banks: Contact the Comptroller of the Currency's (OCC) Customer

Click Here to view Scam Alerts relating to Gift Cards

Assistance Group by calling 800-613-6743 or by sending an e-mail to customer.assistance@occ.treas.gov The OCC charters, regulates, and supervises national banks, some of which issue gift cards.

The Three Day Right to Cancel-The Cooling-Off Rule:

Not all retail purchases allow for a three (3) day right to cancel. The following information will provide you with a summary of your right to cancel pursuant to the Federal law governing the cancellation of a sale:

If you buy something at a store and later change your mind, you may not be able to return the merchandise. But if you buy an item in your home or at a location that is not the seller's permanent place of business, you may have the option. The Federal Trade Commission's (FTC's) Cooling-Off Rule gives you three days to cancel purchases of $25 or more. Under the Cooling-Off Rule, your right to cancel for a full refund extends until midnight of the third business day after the sale.

• The Cooling-Off Rule applies to sales at the buyer's home, workplace or dormitory, or at facilities rented by the seller on a temporary or short-term basis, such as hotel or motel rooms, convention centers, fairgrounds and restaurants. The Cooling-Off Rule applies even when you invite the salesperson to make a presentation in your home.
• Under the Cooling-Off Rule, the salesperson must tell you about your cancellation rights at the time of sale. The salesperson also must give you two copies of a cancellation form (one to keep and one to send) and a copy of your contract or receipt. The contract or receipt should be dated, show the name and address of the seller, and explain your right to cancel. The contract or receipt must be in the same language that's used in the sales presentation.

Some Exceptions

Some types of sales cannot be canceled even if they do occur in locations normally covered by the Rule. The Cooling-Off Rule does not cover sales that:

• are under $25;
• are for goods or services not primarily intended for personal, family or household purposes. (The Rule applies to courses of instruction or training.);
• are made entirely by mail or telephone;
• are the result of prior negotiations at the seller's permanent business location where the goods are sold regularly;
• are needed to meet an emergency. Suppose insects suddenly appear in your home, and you waive your right to cancel;
• are made as part of your request for the seller to do repairs or maintenance on your personal property (purchases made beyond the maintenance or repair request are covered).

Exempt from the Cooling-Off Rule are sales that involve:

• real estate, insurance, or securities;
• automobiles, vans, trucks, or other motor vehicles sold at temporary locations, provided the seller has at least one permanent place of business;
• arts or crafts sold at fairs or locations such as shopping malls, civic centers, and schools.

How to Cancel

To cancel a sale, sign and date one copy of the cancellation form. Mail it to the address given for cancellation, making sure the envelope is post-marked before midnight of the third business day after the contract date. (Saturday is considered a business day; Sundays and federal holidays are not.) Because proof of the mailing date and proof of receipt are important, consider sending the cancellation form by certified mail so you can get a return receipt. Or, consider hand delivering the cancellation notice before midnight of the third business day. Keep the other copy of the cancellation form for your records.

• If the seller did not give cancellation forms, you can write your own cancellation letter. It must be post-marked within three business days of the sale.
• You do not have to give a reason for canceling your purchase. You have a right to change your mind.

If You Cancel

If you cancel your purchase, the seller has 10 days to:

• Cancel and return any promissory note or other negotiable instrument you signed;
• refund all your money and tell you whether any product you still have will be picked up; and
• return any trade-in.

Within 20 days, the seller must either pick up the items left with you, or reimburse you for mailing expenses, if you agree to send back the items.

If you received any goods from the seller, you must make them available to the seller in as good condition as when you received them. If you do not make the items available to the seller - or if you agree to return the items but fail to - you remain obligated under the contract.

Problems or Complaints

Contact a consumer protection office in your city, county, or state. Some state laws give you even more rights than the FTC's Cooling-Off Rule, and some local consumer offices can help you resolve your complaint.

In addition, if you paid for your purchase with a credit card and a billing dispute arises about the purchase (for example, if the merchandise shipped was not what you ordered), you can notify the credit card company that you want to dispute the purchase. Under the Fair Credit Billing Act, the credit card company must acknowledge your dispute in writing and conduct a reasonable investigation of your problem. You may withhold payment of the amount in dispute, until the dispute is resolved. (You are still required to pay any part of your bill that is not in dispute.) To protect your rights under the Fair Credit Billing Act, you must send a written notice about the problem to the credit card company at the address for billing disputes specified on your billing statement within 60 days after the first bill containing the disputed amount is mailed to you.

If you have a complaint about sales practices that involve the Cooling-Off Rule, write: Consumer Response Center , Federal Trade Commission, Washington , DC 20580 . The Rule's complete name and citation are: Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations; 16 CFR Part 429.

If the 60-day period has expired or if your dispute concerns the quality of the merchandise purchased, you may have other rights under the Act. If you have questions about the Fair Credit Billing Act, write for the free brochure Fair Credit Billing. Write: Consumer Response Center , Federal Trade Commission, Washington , DC 20580.

Layaway Plans

Laws That Affect Layaways

There is no federal law that specifically governs layaway transac­tions. However, you should be aware of two federal laws—the Federal Trade Commission Act and the Truth in Lending Act— that could affect a layaway plan.

Federal Laws

The Federal Trade Commission Act prohibits unfair or decep­tive acts or practices in or affecting commerce. Failure to disclose important terms of your layaway plan under certain circumstances may violate the Act.

Layaway plan may be covered by the Truth in Lending Act if the plan requires the customer to agree in writing to make all payments until an item is paid in full. If the plan does not bind the customer in writing to complete the layaway purchase, then the Truth in Lending Act does not apply. For further information about the requirements of the Truth in Lending Act, contact the Federal Trade Commission at www.ftc.gov.

State and Local Laws

Some state and local laws specifically apply to layaway pur­chases. These laws vary widely in what they require. In addition, most states have general consumer protection laws that may apply to layaways. Contact your state or consumer protection agency, or the state attorney general's office to find out what, if any, state laws apply to a law away plan.

Cancellation and Refund Policies
Consumer should always get all cancellation and refund policies and information in writing. Retailers use a number of different refund policies for layaway cancellations, including full or partial refunds or only a credit towards a future purchase. Some companies may have a cancellation charge.

Payment Plans

If a specific amount of money is required to be paid at set intervals (for example, every two weeks), or require payments to be completed within a set period of time (for example, within 60 days of the start of the layaway), it is important as a layaway customers to know the exact requirements. You should always get a disclosure that includes:

• the required payment amounts;
• the dates when payments are due; and
• the date when the final payment must be made, if applicable.

Location of Layaway Merchandise

Customers who buy merchandise on layaway may expect that the item will actually be "laid away''—physically separated from stock available for sale. Many retailers remove layaway articles from the sales floor; others keep large items, such as furniture or major appliances, on the sales floor but mark them "sold." Therefore, you should find out what the company's policy is or where the layaway merchandise will be held or stored.

Availability of Merchandise

If the merchandise must be ordered, you should know when and under what circumstances it will be ordered and get this information in writing. Does the retailer require a specific amount to be paid prior to ordering the merchandise?

Identification of Merchandise

Because several months may elapse between the time a layaway purchase is started and the time the merchandise is picked-up, you or the merchant may not always remember all the details about the merchandise you purchased.

To help avoid or prevent potential confusion or problems about the particular merchandise selected, you should require that the merchandise ordered be identified on the layaway sales receipt or contract. The sales receipt/contract should clearly describe the item(s) using identifying characteristics, such as, stock number, model number color, size and trade name or manufacturer.

Things to Remember

There are some particularly important aspects of layaway plans to remember, these include: cancellation and refund policies; payment plans; service or layaway charges; and the location, availability, and identification of layaway merchandise.

• Get all cancellation and refund policies in writing;
• Have the required payment amounts, the dates when payments are due, and the date when the final payment must be made in the sales receipt or contract.
• Have a specific description of the merchandise made part of the sales receipt or contract
• Know where or how the merchandise will be located or stored.
• Keep all receipts and proof of payment