California Civil Code Section 1723: Posting Rules and the 30-Day Refund

California Civil Code Section 1723 requires any retailer whose return policy is stricter than a full refund, credit, or equal exchange within seven days of purchase to conspicuously post that policy before the sale. If the store fails to post it as the statute requires, you can return the item with proof of purchase for a full refund within 30 days of buying it.1California Legislative Information. California Code Civil Code Section 1723

Which Retailers Have to Post a Policy

The posting obligation applies only to stores whose terms fall short of a full cash refund, store credit, or equal exchange within seven days of purchase with proof of purchase. A retailer that already offers those terms doesn’t need to post anything. The rule is aimed at stores that impose tighter restrictions, such as shorter return windows, restocking fees, or exchange-only policies.1California Legislative Information. California Code Civil Code Section 1723

Where the Policy Must Appear

Section 1723 gives retailers four acceptable locations for the posted policy:

  • Signs at each cash register and sales counter.
  • Signs at each public entrance.
  • Tags attached to each item.
  • The retailer’s order forms.

Receipts are not on that list. A policy printed only on the receipt doesn’t satisfy the statute because the customer sees it after paying, not before.1California Legislative Information. California Code Civil Code Section 1723

What the Policy Has to Say

A sign that just reads “limited returns” isn’t enough. The posted policy has to spell out:

  • The type of remedy the store offers, whether cash refund, store credit, exchange, or some combination.
  • The time period within which returns are accepted.
  • The types of merchandise the policy covers.
  • Any other conditions that govern returns, such as restocking fees or a requirement that original packaging be intact.

The point is that a shopper should know the terms before deciding to buy.1California Legislative Information. California Code Civil Code Section 1723

The 30-Day Refund If the Store Doesn’t Post

This is the teeth of the statute. When a retailer violates Section 1723 by failing to post its policy in one of the four required locations, the customer can return the purchased item with proof of purchase for a full refund within 30 days of the purchase date. The retailer is liable for the full purchase amount.2State of California – Department of Justice – Office of the Attorney General. Refund Policies

The 30 days run from the date of purchase. Proof of purchase usually means a receipt, but a bank or credit card statement showing the transaction also works. If a store points to a policy you never saw, and it can’t show that policy was posted where the statute requires, the refund right is yours by law.1California Legislative Information. California Code Civil Code Section 1723

What the Statute Doesn’t Cover

Some categories of goods are carved out entirely. For these, the retailer has no posting obligation and no 30-day default refund exposure:

  • Food, plants, and flowers.
  • Other perishable goods.
  • Goods marked “as is,” “no returns accepted,” or “all sales final.” The label itself is the disclosure.
  • Goods used or damaged after purchase.
  • Customized goods received as ordered, such as a monogrammed jacket or custom-built furniture.
  • Goods not returned with their original packaging.
  • Goods that cannot be resold for health reasons, such as undergarments, pierced earrings, or opened personal care items.

If your item falls into one of these buckets, Section 1723 doesn’t help.1California Legislative Information. California Code Civil Code Section 1723

Penalties Beyond the Refund

Section 1723 expressly subjects violations to the remedies available under California’s Consumer Legal Remedies Act. A consumer harmed by a retailer’s failure to post can sue and potentially recover:

  • Actual damages.
  • Punitive damages.
  • Restitution of the property or its value.
  • Injunctive relief ordering the retailer to change its practices.
  • Court costs and attorney fees, which the Act awards to prevailing plaintiffs by default.

Senior citizens and disabled persons who suffer substantial harm from the violation can seek an additional award of up to $5,000 on top of other damages.3California Legislative Information. California Code Civil Code Section 1780

Separately, California’s Unfair Competition Law allows state prosecutors to pursue civil penalties of up to $2,500 per violation against businesses engaged in unfair or deceptive practices. Those actions are brought by the Attorney General, district attorneys, or certain city attorneys rather than by individual consumers. For a retailer with multiple locations or a pattern of non-compliance, per-violation penalties can add up quickly.4California Legislative Information. California Business and Professions Code Section 17206

What to Do If a Store Refuses Your Return

If a California retailer denies a return and its policy isn’t posted in one of the four locations the statute lists, check whether your item is on the exempt list. If it isn’t, and you’re still within 30 days of the purchase date with proof of purchase, you have a statutory right to a full refund. Ask a manager and cite Section 1723 directly. If the store still refuses, the Consumer Legal Remedies Act gives you a private right of action, and complaints can also be filed with the California Attorney General’s office and your local district attorney.