Merchandise Return Laws in Florida

Receiving a refund in Florida is not always mandatory.

The state of Florida does not have any laws that force merchants to accept a return of a purchased item. However, the state does require merchants to post a notice in the store regarding their "no returns accepted" policy. Without such a notice, consumers have the right to make a return within certain guidelines. Florida has special rules mandating a consumer's right to a refund for a home solicitation sale.

No Automatic Returns

Florida does not mandate that merchants have to take returns of merchandise purchased from them. The law does require that if a merchant does not want to accept returns, then he must post a clear and conspicuous notice to that effect in the store. Such a notice must be clear and placed by the cash register. Failure to follow these provisions will then create a presumed right of the consumer to return merchandise purchased at that store.

Merchandise Return Guidelines

Without the required no returns/no refunds sign, then a presumed return/refund policy shall exist with that merchant. The merchant must give the details of the policy to the consumer in writing upon request. The most conservative return policy allowed by state law is a right of refund within seven days of the purchase. The consumer must bring the merchandise back to the merchant and provide a purchase receipt. The law allows the merchant to adopt a more liberal return policy if they wish.

Restrictions

The law requiring merchandise returns applies to all merchants in Florida. However, certain types of merchandise are exempt. Exempted items include those that are perishable, all food items, merchandise altered by the consumer, goods that are custom made and goods legally restricted from selling again, such as prescription medicine. All goods returned need to be unused and in the original packaging. These laws are applicable to retail merchants in Florida who sell to the general public.

Home Solicitation Sales

Florida has a special provision for home solicitation sales. Such a sale is one that took place not at the seller's place of business. Typically this is in the consumer's home, but could also be at the consumer's workplace, at a convention, fair or other location. The state law imposes a three day right for the consumer to cancel such a transaction and receive a refund of any monies paid. The refund must be for over $25 and the consumer must request it in writing within three business days of the purchase. The consumer must receive the refund within 10 days of the request.

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