Legal question from new user

[TjayBrandon]

Hi, everybody. I'm brand new to the universe of the E-Cig, and I'm having a bit of a legal issue that I can't seem to find some info on. Hoping someone here can help me.

The issue I am having is with the Xhale O2 system sold by 7-11, or more specifically, the E-Hookah model. The idea of being able to enjoy the flavor of a hookah, regardless of location, appealed greatly to me, so I bought it and gave it a try. Unfortunately, the one I had purchased came with a bad atomizer. On the back of the package, it says that it has a full warranty of up to 1 year for faulty parts, and that you can return to place of purchase for a full refund or exchange.

After reading this, I had returned to the 7-11 where I had purchased the E-Hookah, and inquired about the exchange. After discussing my situation with the sales clerk, he went to fetch his supervisor. The rather rude supervisor said that he could not take the E-Hookah back, that it is against the law to take back any tobacco product, as governed by the FDA.

Is this correct? Does he have the legal right to refuse an exchange despite the packaging saying otherwise? I would think it legal if the manufacturer says it is ok.

 

[Rosa]

My understanding is that a) the e-hookah is NOT yet considered a tobacco product, b) e-cigarettes are not YET the domain of the FDA, and c) another forum member WAS able to return/exchange parts from their xhale purchase to their local 7-11.

 

[sam12six]

I think you're right (from my non-lawyer perspective) that it is legal to exchange it (as it is not yet a tobacco product governed by the FDA). That said, you're probably SOL trying to to go through an employee who's wrong but convinced he's in the right.

In your situation, I think I'd either try contacting 7-11 higher up the food chain or the manufacturer (they probably wouldn't actually do anything, but could help by referring you to someone within 7-11 who can make something happen for you).

If these don't work, you're looking at eating the cost.

 

[Crumpet]

I agree with the above poster. A hookah is not a tobacco product. I do think, however, that people should have to legally abide by their written word that a product is returnable. Hell, even an e-cig isn't a tobacco product. It is true that they aren't supposed to accept returns on ciggs (for example) even if they are unopened. I take stuff to the BBB....at least the store will have to respond to an inquiry from them.

 

[NukeDOC]

contact xhale o2 directly. my first unit had a defective charger. just to make sure, they sent me a new charger, battery, and atty for free.

 

[Twist]

At the federal level warranties are governed by the Magnuson-Moss Warranty Act. IANAL, but I'm 99% sure that when a retailer sells a product with something like that printed on the package they are legally obligated to honor it. Did you purchase the product with a credit card? If you did, before you waste a lot of time I would go back in 1 more time and inform them that if they don't honor the warranty I'm disputing the charge.

 

[TjayBrandon]

Thank you everyone for the helpful info. I actually did contact the manufacturer, and they said that they would have a new atomizer in the mail later that day, and I should receive it within the next 2 days.

I am, however, still very tempted to ask for the general manager. I would have been fine if it was against FDA, but not only did he lie, but he was very rude about it.

 

[Rosa]

He probably didn't know anything about them. Most of the time when you buy one of these things 'live' (not online) the people selling them have no idea what's going on.

Good luck!

 

[Para]

I take stuff to the BBB....at least the store will have to respond to an inquiry from them.

No they don't. The BBB has absolutely no power.

 

[HighHeeledGoddess]

The best thing you can do is never patronize that particular 7/11 again, and tell your contacts to do the same. Yeah, it probably wont put them out of business, but a business who treats you right will be happy to have you.

 

[Crumpet]

No they don't. The BBB has absolutely no power.

They don't have 'power' but that doesn't mean they don't have influence in a lot of instances. I have had 2 disputes resolved in my favor after contacting them. In one instance it meant that after contacting the BBB I finally got an immediate response after 3 weeks of attempting to make contact with someone at a major company and my calls, emails, and letters were not being answered. If you are a reputable business I think you will care about having a poor record with the BBB (at least I would). In the one instance that my dispute was never resolved, the merchant was a scummy small businessman, not well known anyway, who didn't seem to be the most ambitious type. As a consumer I know that I always do my research (at least nowadays after being burned in the past) and the BBB is but one of many resources I look to for information.

 

[Para]

They don't have 'power' but that doesn't mean they don't have influence in a lot of instances. I have had 2 disputes resolved in my favor after contacting them. In one instance it meant that after contacting the BBB I finally got an immediate response after 3 weeks of attempting to make contact with someone at a major company and my calls, emails, and letters were not being answered. If you are a reputable business I think you will care about having a poor record with the BBB (at least I would). In the one instance that my dispute was never resolved, the merchant was a scummy small businessman, not well known anyway, who didn't seem to be the most ambitious type. As a consumer I know that I always do my research (at least nowadays after being burned in the past) and the BBB is but one of many resources I look to for information.

Sure, they can contact the merchant and try to mediate the situation, but you said the merchant HAD to respond to an inquiry by the BBB.

 

[Crumpet]

Sure, they can contact the merchant and try to mediate the situation, but you said the merchant HAD to respond to an inquiry by the BBB.

Please forgive the oversight.

 

[Twist]

I think the BBB can be an effective course of action when you have a dispute with a privately owned and independent business, but I doubt anyone ever checks with the BBB before they go to there local convenience store/fast food chain etc.

 

[OldDragon]

Go to the higher ups, even it you have to go thru a different 7-11. There are too many others looking for work for them to keep that employee. I'm sure you are not the only one to be treated by the rude supervisor in that way.