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Any lawyers here? Do I have any course of action with a furniture company?

Jumpem

Lifer
I bought a set of living room furniture. What got delivered is much firmer than what was in the store. It is uncomfortable and has been giving me back pain for the past three days.

The store is not concerned, and says that we should have refused the delivery if we didn't like it. They were so quick, we didn't even think to sit on it before they left.

I did find the following:
http://www.dos.ny.gov/consumerprotection/consumer_resources/3r.html
REFUNDS
A store is legally required to post their refund policy. If the store does not post any return policy, the law requires the store to accept your return within 30 days of purchase. There is no requirement under NYS law for a store to offer a refund in the form of cash, credit, replacement merchandise or other means. Retailers must provide a written copy of the store’s refund policies available and disclose any fees associated with the return.


As far as I know they do not have a refund policy posted. They do on their web site, but I did not see one in store.

Do I have a leg to stand on with this approach? I don't want to spend money on a local lawyer if it won't go anywhere.

I am close to putting three day old furniture on Craigslist and getting something else.
 
An individual rarely has any chance against a corporation, unless it's one of those really stupid idiotic lawsuits. Somehow those always seem to go through. I guess this would count as one.

If you want to sue, sue them for the stiffness of the chair causing you permanent spinal damage. 5.4 million sounds like a nice number. Set the settlement to 1.2 million.
 
An individual rarely has any chance against a corporation, unless it's one of those really stupid idiotic lawsuits. Somehow those always seem to go through. I guess this would count as one.

If you want to sue, sue them for the stiffness of the chair causing you permanent spinal damage. 5.4 million sounds like a nice number. Set the settlement to 1.2 million.

I don't want a frivolous law suit. I just want store credit, or perhaps another set at cost.
 
Go to the store, ask to speak to the manager, explain the issue, and 9 times out of 10, things will work out.
 
Go to the store, ask to speak to the manager, explain the issue, and 9 times out of 10, things will work out.

I went back once. The store manager was off, and I got a "showroom" manager. He just gave me a puzzled look and said, we have a "no return" return policy.

They are sending a tech out in a week and a half to look at it and see if their is a defect in the furniture. I am not sure that route will go anywhere.

It seems like they don't want to discuss it any further until the tech comes out.
 
There are a whole lot of ways to get a company to deal with you short of filing a law suit. Park in front of the store and hang a sign on your car saying "Store X screwed me, ask me how". Prepare a simple TRUTHFUL explanation of what happened and offer it to people who go into the store. Invest one hour on a Saturday and I think they'll be happy to try to rectify things so that you go away.
 
There are a whole lot of ways to get a company to deal with you short of filing a law suit. Park in front of the store and hang a sign on your car saying "Store X screwed me, ask me how". Prepare a simple TRUTHFUL explanation of what happened and offer it to people who go into the store. Invest one hour on a Saturday and I think they'll be happy to try to rectify things so that you go away.

😀
 
Like how bad is it?

Is the cushion replaceable?

Can you add a cushion?

The store model may have had 50 people a day sitting on it and moving around, tenderizing, the chair for months. Many of them were probably obese and weighed as much as all your kids combined.
 
Is a "no returns" policy a standard for furniture stores? That seems exceedingly strange for something as expensive as furniture. The only way I could see that being acceptable business practice is for discounted or clearance items. In that case you could make the argument that even though you're giving up your right to return an item, at least you're getting a discount in return. I wouldn't buy full price furniture from a store without some kind of reasonable return policy though.

Did you happen to get some kind of special sale or clearance type discount OP?
 

Really, it works like a charm. I used that method to get a car dealership to give my parents back a deposit. Took about 15 minutes and they paid me not only the deposit, but the copying costs for the flier I prepared explaining to people about dealer holdback and invoice prices, the truth about add-on packs and financing steering. They probably would have paid me anything I asked to get me to go away, they didn't want their customers getting handed that info before walking onto the lot.

I've always considered doing that as a business. It's completely legal, if I got every dealership in the state to pay me $10 a week to not do it outside their lot it could be a great alternative to actually working for a living.
 
Is a "no returns" policy a standard for furniture stores? That seems exceedingly strange for something as expensive as furniture. The only way I could see that being acceptable business practice is for discounted or clearance items. In that case you could make the argument that even though you're giving up your right to return an item, at least you're getting a discount in return.

Did you happen to get some kind of special sale or clearance type discount OP?

It was on sale, but not clearance. Everything in the store was on sale though, nothing special about my set in that regard.

From their website:
Return Policy
We are proud to offer quality products with great value to our customers. Merchandise received in good condition is not returnable or cancellable. No refunds are available.
 
It was on sale, but not clearance. Everything in the store was on sale though, nothing special about my set in that regard.

From their website:
Return Policy
We are proud to offer quality products with great value to our customers. Merchandise received in good condition is not returnable or cancellable. No refunds are available.

Wow. I can't imagine how a retailer can stay around with that kind of policy. At my store we take back everything that's in new condition regardless of how long you've had it, and everything that's defective for however long the warranty period is. We don't have even close to the markup most furniture stores do either.
 
Wow. I can't imagine how a retailer can stay around with that kind of policy. At my store we take back everything that's in new condition regardless of how long you've had it, and everything that's defective for however long the warranty period is. We don't have even close to the markup most furniture stores do either.

They are the largest chain in this part of the state. Nearby, there is a smaller chain with three stores that are spread cross different counties and a La-Z-Boy store. There are a couple of others, but with more cheaply made furniture.
 
Better Business Bureau

NYS Attorney General

Credit Card company

General Manager of the Company

All at once. There's nothing like intense pressure.

However, with that said. So what if it's firmer than in the store? Hundreds of people have sat on the cushions, making it soft. I would not make a stink over this.
 
dude give it some time lol. is this your first time ever buying furniture or something?

the couches you sit on in the store are sat on all day every day. the couch you just had delivered has never had anyone sit on it. it will take a little bit to break it in lol.
 
Better Business Bureau

NYS Attorney General

Credit Card company

General Manager of the Company

All at once. There's nothing like intense pressure.

However, with that said. So what if it's firmer than in the store? Hundreds of people have sat on the cushions, making it soft. I would not make a stink over this.

I wouldn't make a stink out of it if it wasn't causing me physical discomfort to sit on.
 
dude give it some time lol. is this your first time ever buying furniture or something?

the couches you sit on in the store are sat on all day every day. the couch you just had delivered has never had anyone sit on it. it will take a little bit to break it in lol.

I have bought seven sets from them over the years, and a few pieces from other places. Probably about $15k worth at the store in question.
 
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I have been seven sets from them over the years, and a few pieces from other places. Probably about $15k worth at the store in question.

you've been seven sets?

any brand new furniture is going to be firmer than what you try out in the store.
 
you've been seven sets?

any brand new furniture is going to be firmer than what you try out in the store.

Oops. I have bought seven sets from them.

I wish the sales guy had said something to that effect. It hadn't crossed my mind.

From now on I am only buying living room furniture with removable cushions. That way if the cushions are too firm, or become too soft, the inner material can just be replaced.
 
Friend was in a similar situation, furniture co told her to go pound sand. After 5 days of relentless social network whoring, they gave her a full refund.
 
Facebook, Twitter, business review sites, BBB, etc.

Very good plan, at least if company uses social media. If they don't they won't understand the threat, but if they use those platforms they'll be afraid of how quickly bad word can spread.
 
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