PhillJones

What are the rules for mail order/distance selling accross state lines?

I can never get the hang of all this different laws in different states so I thought I'd just ask you guys, as you seem to know everything.

Anyway, it was my birthday just recently, happy birthday to me, and my parents bough me some martial arts equipment, some pads and stuff. Since it was a birthday present, they stayed unopened in my apartment for a week before I opened them only to find that they're the wrong size. The problem is that the company have a 10 day return policy, which I didn't know until I opened the package to find out what was inside and it's obviously been more than 10 days. I called them but they won't let me return the stuff for exchange even though everything's in it's original packaging and unused.

In MA, I was under the impression that you can take or send anything back up to 30 days after purchase. If I'm buying something that's sent from another state, do the laws of MA apply or the laws of whatever state the seller is in, apply?

Chris

Re: What are the rules for mail order/distance selling accross state lines?

No. Laws are applicable from the state they are purchased in. Not where they end up, just as an FYI. Customized items can have any return policy that the maker puts out, as long as the buyer is advised of it in some form (in writing) at time of purchase. So, if you buy something from say, an online store, and they say "No Returns" and it's on the invoice as you checkout, then you accepted those terms when you purchased, and so on.

There are exceptions to this (lemon laws, failure to produce, etc.) but in this case, I think you may be out of luck

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betooz

Re: What are the rules for mail order/distance selling accross state lines?

If you are selling the items in question outside of the state they were originally purchased, you do not have to charge a state sales tax. This is in the process of getting closed up and for the disclaimer I am not a lawyer. You may want to consult one within your state. You are probably fine as is, but it wouldn't hurt to consult with a appropriate lawyer schooled in interstate commerce laws.

PhillJones

Re: What are the rules for mail order/distance selling accross state lines?

Thanks for the reply Chris. I thought I might be screwed.

The number of times I've bought something since moving to the states, or in this case had things bought for me and I've just ended up out of pocket without the thing I paid for is just silly. I've already gotten to the point where I just don't buy anything unless I absolutely have to because it's not worth the hassle.

Maybe I'm just unlucky or something.