Florida Consumer E-Newsletter |
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Download PDF version [623K PDF]
A Message From the Commissioner...
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| Dear Friends:
With the holiday season upon us most of us are out shopping for gifts. No matter what your holiday budget is, it always pays to be a smart consumer. Please review the information below to ensure you make the most of your holiday shopping experience. Remember, we're here for you. Our Consumer Hotline: calling |
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Shop around
One store’s sale price may still be higher than another’s everyday price. When comparison shopping, make sure you have the item's manufacturer, model number, stock number or other identifying information to be sure you’re comparing the same two items.
Examine Warranties
Compare warranties when choosing a product. Check to see exactly what parts, repair problems and costs, such as labor are covered. Find out how long the warranty lasts. Make sure the warranty meets your needs or the recipient of the gift. Some warranties may cover only personal use of the product and not business use. Know the company's policy regarding products that fail: Will the company repair the product, replace it, or return your money? Do you have to pay the shipping costs for repairs?
Lay-a-Way
If you use lay-a-way, be sure to know your rights. You should get everything in writing: the amount of the down payment; a description of the goods; how long the goods will be held; the total price, including any handling or processing charges; and the refund policy. Make sure you pay on time and keep a record of your payments, including all receipts of purchase/payment.
Resist High Pressure Purchases
Do not allow yourselves to be persuaded to make a purchase or contract for a service if you are hesitant about being able to afford it. If you do it will come back to haunt you in high-interest credit card payments or future credit issues. It may help to write down what purchases you intend to make and strictly adhere to your plan.
Ask About Refund or Return Policies
In Florida, retail establishments can set any refund policy they so choose; however, they must post their policy at the point of sale. If there is no “no refund” notice posted, you may, within seven calendar days of the date of purchase, return any new, unused item (in the original packaging) to the store with the receipt/proof of purchase. For a cash sale you would get cash refund and on a credit sale you would get a credit to the charge account that was used for the purchase.
There are exceptions to this rule, and these are the sale of food, perishable goods, goods which are custom made or altered at the request of the consumer, or goods which cannot be resold by the merchant because of governmental regulation. Although Florida law does not address the issue of deposits in such situations, many stores will not refund money on any custom orders.
Finally, the three-day right of rescission (buyer’s right to cancel), spelled out in Florida Statute 501.025, applies to home solicitation sales ONLY. A home solicitation is a sale in excess of $25 in which the buyer is solicited at a place other than the seller's business establishment, such as a retail shop. With this type of sales approach, the consumer has no prior knowledge of the solicitation. The Florida law was enacted to protect citizens from high-pressure door-to-door sales tactics, ambiguous or misleading contracts and poor quality merchandise.
Restocking Fees
Find out what the "restocking fee" will be, especially on large items like televisions and computers. Stores are allowed to charge you for the cost of returning the unwanted item to their warehouse. The restocking fees should not be assessed when the product is defective or has been misrepresented.
Keep Good Records
Track your purchases. Keep records of any online orders, including printouts of webpages and contact information. Keep all your receipts. You may need them to return an item or reconcile your credit card statement. Ask for gift a receipt to include with your gift.
