Refund policies of Country and businesses in Halacha

Refund policies of Country and business:[1]

The inability to retract from a transaction once a valid acquisition has taken place, as well as the ability to retract from a transaction in the case of Mekach Taus, only applies absent of a store refund policy and in an area that does not contain any consumer laws regarding the issue of returns. However, if the store policy is to permit returns, then certainly one may do so. Furthermore, if the State in which the purchase took place, contains consumer laws and policies which are accepted upon that area, then the laws of returning a product follow all those laws and regulations for all purposes. In such a case, a store return policy that is not legal according to State law, is not binding on the consumer, and he reserves the right to return a product and receive reimbursement as per State law. Thus, for example, in Israel there exists a law which obligates many types of businesses to permit returns within 14 days from purchase even if no Mekach Taus was involved.[2] Accordingly, this state law overrides the regular Jewish law which does not recognize the ability to ask for a return on a product once a valid acquisition has taken place, absent of a Halachically defined Mekach Taus.[3]  In the USA, there is no federal mandate for return policies, although states do individually have state mandates which dictate return policies. For example, in California when reserves the right to return a product for a full refund within 30 days from purchase, unless the business explicitly posts otherwise, in a way visible to consumers.

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[1] A refund policy in essence makes the purchase of the product defined as “Halokeiach Keli Al Means Levakro” by which we rule that one may return it. See Michaber C.M. 200:11; Smeh 200:29; Tur 200; Nedarim 31a”; Bava Basra 88a; Alon Hamishpat Vol. 95

[2] https://www.gov.il/BlobFolder/generalpage/general_tuota/he/EN_Brushur_SITE.PDF

[3] See Michaber 232:6 that we follow the Minhag Hamedina regarding the definition of a Mum, and Michaber 232:19 that the Minhag is not to accept returns on eggs, and Minhag Mivatel Halacha! See Aruch Hashulchan 232:7 and 30

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