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My state just announced that fireworks are banned this year due to high risk of fire. Unfortunately, they announced it too late, and some tents have already opened and some people have already bought fireworks.

Usually, fireworks are not returnable, but I am wondering if the ban changes that.

I feel like normally, the answer would probably be, "They were legal at the time of purchase, and they will be legal again in the future. Just put them in storage" - but I think this case might be different, because the people selling the fireworks were obviously well aware that buyers were planning to use the products on July 4, 2021. They will now not be able to use them on this date.

Do they have to give an opportunity to return unused fireworks for a refund?

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  • Can you link to the ban order. It could be that they are banned from use but not ownership (you can keep them as long as you don't use them) or a buy back is in place.
    – hszmv
    Jun 29, 2021 at 18:31
  • Is the state California? Maybe the question would be more answerable if that was clarified, because the ban order would need to be seen for the question to be answered.
    – 10 Rep
    Jun 29, 2021 at 18:33
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    @10Rep Tagged as Oregon.
    – richardb
    Jun 29, 2021 at 18:38

2 Answers 2

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I can't see anything to say this is a state-wide ban.

Do they have to give an opportunity to return unused fireworks for a refund?

The ban imposed by Portland Fire and Rescue appears to relate to the use, not possession, of fireworks so I assume that the stores' / State's regular refund policies would apply.

Due to unusually hot temperatures and dry conditions, PF&R is announcing an immediate ban on the use of all legal and illegal fireworks...

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Regardless of the ban, the only obligation to refund money is if the store promises to accept returns and the product is returned according to that policy.

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  • 3
    Some states have lemon laws and other provisions that mandate return-ability or cancellation in specific cases. Jun 30, 2021 at 0:52
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    Implied warranty of merchantability, etc...
    – kisspuska
    Jun 30, 2021 at 3:31
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    “For every wrong there is a remedy” if you are worried about the poor merchant, then you would probably need to look at the government to foot the bill. And given the lobby power of commerce, I’m pretty sure this will not take too much to be taken care of.
    – kisspuska
    Jun 30, 2021 at 3:35

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