Q: A local clothing store advertised a clearance sale and stated: “All sales are final: no refunds or exchanges.” I bought a packaged shirt that proved defective. Can I return it?
A: Shulchan Aruch writes that even if a seller stipulates that the customer is not entitled to a claim of defective merchandise, he is still entitled to claim, unless the defect was specified (C.M. 232:7). This is because of either of the following two reasons: a person has to be aware of what he is foregoing, or because the customer can claim that he did not really expect a defect and was not sincere in foregoing his rights (SM”A 232:16). Therefore, you should be able to return the shirt.
Despite this, you may not be able to return the shirt for a different reason. As mentioned last week, the common commercial practice supersedes the standard halacha. In case that the common practice considers such sales final even if merchandise proves defective, you cannot return it.