Can A Seller Insist That The Customer Needs To Request A Refund From The Original Seller Rather Than Himself?

Rav Baruch Meir Levin

Question: Reuven purchased an item from what appeared to be an independent, one-man retail shop. The seller personally handled the sale and issued a receipt. After returning home, Reuven discovered that the item was defective and returned to the shop to request a refund.

At that point, the seller explained that the shop does not actually own the merchandise. Rather, the store sells items on behalf of the manufacturer and is paid a commission for each sale. The seller therefore claimed that Reuven must contact the manufacturer directly for a refund.

May the buyer insist that the store take responsibility for the sale?

Answer: As a rule, when a shaliach does not notify the other party that he is a shaliach, he must take responsibility for the sale. However, if it is clear to the buyer that the person he is dealing with is not the original seller and he is just an agent for a company, the agent would not have liability. The Poskim add that even if the store did notify the buyer that he is a shaliach, he needs to identify to the buyer the name and contact of the actual seller in order for him to not be liable.