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Can a furniture company keep your payment if the item hasn't arrived
Posted on 1/29/17 at 9:15 pm
Posted on 1/29/17 at 9:15 pm
My daughter and her fiance purchased a table and chairs set and the salesman told them they had one in stock. So they paid. After they paid, They told them the it would be in at the end of nest week. Long story short, they found a used set the next day for a much better price. When they went back in to cancel the order. They were told that they don't give refunds. Can they do that? Is that legal?
8
Posted on 1/29/17 at 9:16 pm to rickyh
What does the policy they signed say?
Posted on 1/29/17 at 9:17 pm to rickyh
It depends. We will need pics of daughter to figure this out.
Posted on 1/29/17 at 9:17 pm to rickyh
Check the receipt. Usually if there are no refunds it will say so on there.
Posted on 1/29/17 at 9:17 pm to rickyh
quote:
They were told that they don't give refunds. Can they do that? Is that legal?
No, they cannot. They can not do returns or exchanges, but they can't keep payment for items or services not rendered.
Get a lawyer friend to draft a letter reminding them of that.
So say you buy a set from them and it comes broken and messed up are they saying they won't refund the money?
Posted on 1/29/17 at 9:18 pm to ksayetiger
quote:
What does the policy they signed say?
It does not matter. There is no return, they are cancelling the order. Hell put a stop payment on the check or contest the charges.
They did not get anything yet, they are cancelling an order.
Posted on 1/29/17 at 9:20 pm to Napoleon
Thank you. The set wouldn't even arrive until next Friday. I doubt that it has even been shipped.
Posted on 1/29/17 at 9:20 pm to rickyh
It sounds like they agreed after learning that they were getting one brought in next week. Looks like a sale to me.
The minute they learned it wasn't in Stock was when they should have asked for a refund. Now, they can get an attorney to send a letter or put pressure on the store.
The minute they learned it wasn't in Stock was when they should have asked for a refund. Now, they can get an attorney to send a letter or put pressure on the store.
Posted on 1/29/17 at 9:21 pm to Napoleon
quote:
Hell put a stop payment on the check or contest the charges.
This
Posted on 1/29/17 at 9:23 pm to rickyh
If they did that to me, I'd call the cops right there, right then.
Posted on 1/29/17 at 9:29 pm to Grassy1
Like, I say in writing that "service fees are always charged and not refundable" yet I will almost always refund them if asked. (usually when diagnose a machine and can't fix it or the parts can't be ordered any more even though we did the hard stuff and spent time, some people want their money back. I would rather lose a $60 service fee than get a 1 star on Yelp or a "F" on Angie's)
A company cannot be rigid with a return policy in this day and age. Hell you could put them on blast and cost them 10x what they would return easily.
A company cannot be rigid with a return policy in this day and age. Hell you could put them on blast and cost them 10x what they would return easily.
Posted on 1/29/17 at 9:42 pm to Napoleon
Thanks again.
Posted on 1/30/17 at 9:38 am to TSLG
Damn, 4 down votes for the right answer. :(
Legally, they own the stuff even if it hasn't been delivered. It is unfortunate that your people found a better deal the next day, but it doesn't change the fact that they perfected a sale of a movable on the day before.
As stated in the thread, the best option might be to stop payment if the method will allow. Just like the buyers won't file suit contesting the sale or claiming fraud, the store won't either. Keeping the money puts you in a better position.
However, the store wins if they take it to the LASC.
Legally, they own the stuff even if it hasn't been delivered. It is unfortunate that your people found a better deal the next day, but it doesn't change the fact that they perfected a sale of a movable on the day before.
As stated in the thread, the best option might be to stop payment if the method will allow. Just like the buyers won't file suit contesting the sale or claiming fraud, the store won't either. Keeping the money puts you in a better position.
However, the store wins if they take it to the LASC.
Posted on 1/30/17 at 9:49 am to rickyh
Did they talk to a manager or was it just the salesman who told them the store doesn't give refunds? Salesman might've been being shady to avoid losing out on his sale and commission. If they've spoken to a manager already and explained the in-stock / not in-stock situation, and the manager still refuses to refund them, tell your daughter to get on social media and post a poor review and her complaint on the company's Facebook page and make a Better Business Bureau complaint.
Posted on 1/30/17 at 9:56 am to Grassy1
quote:
If they did that to me, I'd call the cops right there, right then.
I always love when people use this answer. What criminal statute do you expect the police to enforce here? Who should they arrest? The salesman, the manager, maybe the store owner? Or are you just hoping for them to use their gun to help you get money from he store? Because that would be armed robbery. This is a civil matter and the police don't enforce civil statutes.
Posted on 1/30/17 at 9:58 am to rickyh
quote:
They told them the it would be in at the end of nest week.
Is it the end of nest week yet?
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