5 ms·

As far as I understand it, changes in a contract require notice, arbitrary or not. I don't believe it's legal for a company to change their contract, in this ca

As far as I understand it, changes in a contract require notice, arbitrary or not. I don't believe it's legal for a company to change their contract, in this case stating that something is no longer returnable, after the fact. It still applies after the notice is provided of course.

deleted 7y ago
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ardy42 7y ago
> As far as I understand it, changes in a contract require notice, arbitrary or not. I don't believe it's legal for a company to change their contract, in this case stating that something is no longer returnable, after the fact. It still applies after the notice is provided of course. IIRC, lots of consumer contracts contain language saying the terms are subject to change at any time with little or no notice.
- omgwtfbyobbq 7y ago
  I've seen similar language, but I don't think they can change the terms with no notice. I think it's usually little to no advance notice, but they still need to provide notice when they change the terms. Providing notice seems to be something fundamental in our legal system.
  - ardy42 7y ago
    > but they still need to provide notice when they change the terms. Providing notice seems to be something fundamental in our legal system. Maybe so, but the "notice" probably could be something that's practically meaningless, like updating the terms on their website, or something. Alternatively, their return policy may have language forbidding some kind of ill-defined "abuse" of the policy, which can be interpreted to forbid anything they'd want to forbid. In any case, Costco has lawyers that unilaterally write this stuff in its favor, so I highly doubt it violated any of its own contracts.
ben509 7y ago
> I don't believe it's legal for a company to change their contract... IANAL, but that's breach of contract. To amend the contract, both parties have to assent. That's why you get those "terms of service" updates that always mention, "and if you don't like the new terms, here's how to delete your account," since your usage of the service constitutes assent to the terms. Purchasing a good is different, it's more bilateral because both parties are still responsible after the initial exchange for delivering on their promises. So if your check bounces, you still owe them, and if the goods are junk, they still owe you. The tricky part here is figuring out what the contract is. When you purchase goods in the US, the framework of the contract you're engaging in is laid out by the Uniform Commercial Code, if you want to look that up. Costco has a satisfaction guarantee[1] and they will refund your money but there's an asterisk: "*Limitations apply. See the membership counter or Costco.com for details." I couldn't find anything more on their site. A "guarantee" has a legal meaning[2]: > 4) a promise to make a product good if it has some defect. So I think it means a customer would be required to explain why he's unsatisfied with the goods, in what way they're deficient. That someone bought too much TP doesn't make it deficient. [1]: https://customerservice.costco.com/app/answers/detail/a_id/1191/~/what-is-costcos-return-policy%3F https://customerservice.costco.com/app/answers/detail/a_id/1... [2]: https://legal-dictionary.thefreedictionary.com/guarantee https://legal-dictionary.thefreedictionary.com/guarantee
- brianwawok 7y ago
  The problem is, how much does a lawsuit cost to file? For a $14 pack of TP? The legal system is not really designed for this.
tedunangst 7y ago
And then you get to be the guy in the headlines suing costco to take back all the excess you purchased. That'll be popular for sure.

deleted 7y ago

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ardy42 7y ago

> As far as I understand it, changes in a contract require notice, arbitrary or not. I don't believe it's legal for a company to change their contract, in this case stating that something is no longer returnable, after the fact. It still applies after the notice is provided of course. IIRC, lots of consumer contracts contain language saying the terms are subject to change at any time with little or no notice.

omgwtfbyobbq 7y ago
I've seen similar language, but I don't think they can change the terms with no notice. I think it's usually little to no advance notice, but they still need to provide notice when they change the terms. Providing notice seems to be something fundamental in our legal system.
- ardy42 7y ago
  > but they still need to provide notice when they change the terms. Providing notice seems to be something fundamental in our legal system. Maybe so, but the "notice" probably could be something that's practically meaningless, like updating the terms on their website, or something. Alternatively, their return policy may have language forbidding some kind of ill-defined "abuse" of the policy, which can be interpreted to forbid anything they'd want to forbid. In any case, Costco has lawyers that unilaterally write this stuff in its favor, so I highly doubt it violated any of its own contracts.

ben509 7y ago

> I don't believe it's legal for a company to change their contract... IANAL, but that's breach of contract. To amend the contract, both parties have to assent. That's why you get those "terms of service" updates that always mention, "and if you don't like the new terms, here's how to delete your account," since your usage of the service constitutes assent to the terms. Purchasing a good is different, it's more bilateral because both parties are still responsible after the initial exchange for delivering on their promises. So if your check bounces, you still owe them, and if the goods are junk, they still owe you. The tricky part here is figuring out what the contract is. When you purchase goods in the US, the framework of the contract you're engaging in is laid out by the Uniform Commercial Code, if you want to look that up. Costco has a satisfaction guarantee[1] and they will refund your money but there's an asterisk: "*Limitations apply. See the membership counter or Costco.com for details." I couldn't find anything more on their site. A "guarantee" has a legal meaning[2]: > 4) a promise to make a product good if it has some defect. So I think it means a customer would be required to explain why he's unsatisfied with the goods, in what way they're deficient. That someone bought too much TP doesn't make it deficient. [1]: https://customerservice.costco.com/app/answers/detail/a_id/1191/~/what-is-costcos-return-policy%3F https://customerservice.costco.com/app/answers/detail/a_id/1... [2]: https://legal-dictionary.thefreedictionary.com/guarantee https://legal-dictionary.thefreedictionary.com/guarantee

brianwawok 7y ago
The problem is, how much does a lawsuit cost to file? For a $14 pack of TP? The legal system is not really designed for this.

tedunangst 7y ago

And then you get to be the guy in the headlines suing costco to take back all the excess you purchased. That'll be popular for sure.