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What are my rights as a consumer?

T

theanimala

Senior member
I ordered baby furniture for our expecting child back in March. Was supposed to be 10 weeks timeframe, and we asked for delivery in late June, which was supposed to be fine. We paid half up front on our credit card, with the other half to be paid at delivery. Store policy is no refunds.

Well, very long story short, it is now the end of July and the furniture is still not in. The store cannot give us a firm date, in fact, they NEVER call us back with updates. I need to pursue them to get any information. They keep saying it could be one more week, but it may not be until the end of August. My child will be here any day now and we don't have any furniture.

In my mind, they broke their contract by not delivering in the timeframe specified. Not only that, they never call us. Our original date came and went (along with some new dates after that) with never so much as a phone call to tell us of a problem. Add that with the fact that we still don't have a firm date. They say worst case senario is end of August, but I have very high doubts that that date will be met. We want to get our money back and just buy furniture someplace else.

Does anyone think we will have a problem with this? Do I need to see a lawyer?
 
Was this a reputable place? A big chain perhaps? Smaller places are out for cash and not customer satisfaction.

Read the receipt/contract... if they stated delivery WILL BE MADE, then you have a case, just like it may say NO REFUNDS on the receipt. I'm sure a lawyer will simply read what's on the contract too...

What I'd do is harrass them every day or every other day until it got there. They have your money and you have nothing.
 
Have you tried just asking them? They might be OK with it.

Generally, a delay in delivering goods is not considered a breach if they are delivered in a reasonable length of time. If the buyer states that time is of the essence, which I think you pretty well did, then delay can constitute a material breach.

I would think that under the circumstances, they would be likely to just release you from the deal and give you back your deposit, if any. In a pinch you can at least threaten to contact a lawyer and/or your state's Attorney General, and they will probabaly cut your money loose. I can't imagine this would justify hiring a lawyer unless you are talking about some damned expensive baby furniture. The retainer would cost more than most baby furniture that a financial mortal would ever own.
 
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