California Civil Code Section 1723: Posting and 30-Day Refunds

California’s return policy law, Civil Code Section 1723, requires any retailer whose return terms fall short of a full refund, credit, or equal exchange within seven days to post those terms conspicuously before you buy. If the store doesn’t post the policy where the statute requires, you can return the item with proof of purchase for a full refund within 30 days of the purchase date.¹

When a Store Has to Post Its Return Policy

The posting rule applies to retailers whose policy is tighter than a full cash refund, store credit, or equal exchange within seven days of purchase with proof of purchase. A store that offers those generous terms doesn’t need to post anything. The requirement targets everyone else: shorter return windows, restocking fees, store-credit-only policies, exchange-only policies, and similar restrictions all trigger the obligation.¹

The statute names four acceptable places for the policy:

On a sign attached to the item itself.
On a sign at each cash register and sales counter.
On a sign at each public entrance to the store.
On the retailer’s order forms, if any.

Receipts are not on that list. A policy printed only on your receipt doesn’t satisfy the law, because you don’t see it until after you’ve paid.¹

What a Compliant Policy Has to Say

A sign that just says “limited returns” or “see store for details” isn’t enough. The posted policy has to spell out the terms you need to make a decision at the register:

What remedy is offered (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, such as restocking fees or a requirement that packaging be intact.

If any of those pieces is missing from the sign you saw, the policy isn’t fully disclosed, and the default remedy below is in play.¹

Your 30-Day Refund Right When the Store Didn’t Post

This is the part of the law that matters most at the return counter. When a retailer fails to post its return policy as Section 1723 requires, you can return the merchandise with proof of purchase for a full refund within 30 days of the purchase date. The retailer is liable for the full purchase amount.²

Proof of purchase usually means a receipt, but a bank or credit card statement showing the transaction can also do the job. The 30-day clock runs from the date you bought the item, not the date you tried to return it.¹

If a clerk points to a policy you never saw, ask where it was posted. The store has to be able to show the policy appeared in one of the four locations the statute names. If it didn’t, the statutory refund right controls, no matter what the store’s internal policy says.

Items the Law Doesn’t Cover

Several categories of goods are carved out of the posting rule, which means no 30-day default refund attaches to them either. The exempt categories are:

Food, plants, and flowers.
Perishable goods generally.
Goods marked “as is,” “no returns accepted,” “all sales final,” or words of similar effect.
Goods used or damaged after purchase.
Customized goods received as ordered.
Goods not returned with their original package.
Goods that cannot be resold due to health considerations.

For anything on that list, the retailer owes you no posted policy and no statutory refund, even if nothing is on the wall.¹

What You Can Do if the Store Refuses

Section 1723 violations are subject to the remedies in California’s Consumer Legal Remedies Act. A consumer harmed by a store’s failure to post can sue and potentially recover actual damages, punitive damages, restitution, injunctive relief, and court costs plus attorney fees. Senior citizens and disabled persons who suffer substantial harm may seek an additional award of up to $5,000.³

A faster backup for most shoppers is a credit card dispute. The federal Fair Credit Billing Act lets you dispute a charge with your card issuer when a merchant fails to process a credit you’re owed or when the merchandise materially differs from what was described. Most issuers give you 60 days from the statement date to open the dispute, and the charge is typically removed while the issuer investigates. This right works alongside, not instead of, your rights under Section 1723.⁴

Door-to-Door and Off-Premises Sales

If the purchase happened somewhere other than a store’s permanent place of business, a separate federal rule may give you an outright cancellation right. The FTC’s Cooling-Off Rule covers sales made at your home, workplace, or dormitory, and at temporary locations like hotel rooms, convention centers, and fairgrounds. You have until midnight of the third business day after the sale to cancel. Saturdays count as business days; Sundays and federal holidays don’t. The seller is required to give you a cancellation notice at the time of the sale.⁵

Dollar thresholds apply: $25 or more for sales at your residence, and $130 or more at other temporary locations. The rule doesn’t reach vehicle sales at auctions or tent events run by permanent dealers, real estate, insurance, securities, or sales made entirely by mail or telephone.⁶

Online Purchases Work Differently

Section 1723 is written around physical signs in physical stores. For e-commerce, California’s Business and Professions Code Section 17538 handles the disclosure piece. Internet vendors selling to California consumers must disclose their return and refund policy before accepting payment. The disclosure can be on-screen text, an email, or something in writing, and the statute doesn’t lock in a particular format, so a reasonably conspicuous link to the policy page is generally sufficient.

Practically, that means you should be able to find the return terms before you click to pay. If the online seller never discloses a policy at all, that’s a separate violation from Section 1723 and doesn’t automatically trigger the brick-and-mortar 30-day refund rule. Your strongest tool for a disputed online purchase is often the credit card chargeback process described above.

1
California Legislative Information. California Code Civil Code Section 1723
2
State of California – Department of Justice – Office of the Attorney General. Refund Policies
3
California Legislative Information. California Code Civil Code Section 1780
4
Federal Trade Commission. Fair Credit Billing Act
5
Federal Trade Commission (FTC). Buyer’s Remorse – Cooling-Off Rule May Help
6
eCFR. Part 429 Rule Concerning Cooling-off Period for Sales Made at Homes or at Certain Other Locations