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I bought a laptop from Toshiba a few months ago. Within the first month i started having problems with it and had to return it to Toshiba for repairs. After 20 days i received the laptop back and within an hour noticed the same problems. Again i called customer support and was told to send it back again for repairs. I asked for a refund since i do not trust this product any longer. Toshiba refused to issue me a refund stating their refund policy is valid for only 15 days. Is there any protection for me? I do not mind small claims court, but do i have a case or am i out of luck?

According to the

According to the Massachusetts Consumers Guide:

    Defective Merchandise
  • A store, however, cannot use its disclosed policy to refuse the return of defective merchandise. When the item purchased is defective, you can choose a repair, replacement or refund. This right is contained in the Implied Warranty of Merchantability law. Under that law, merchants cannot limit your remedies. In addition, this means that if a merchant chooses an "All Sales Final" return policy, it must disclose that policy without limiting your rights. For example, the disclosure of the return policy must be similar to a posting which reads:
    "All Sales Final, With the Exception of Defective Goods." (940 CMR 6.12)
  • I am not sure if it would fall under Section 3.13 of Chapter 93A though... Either way a 30 day demand wouldn't hurt.

    When filing for small claims, would you seek the amount and ask for triple damages or include the triple damages in the claim? The later would increase the cost of filing.

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