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I have one question, when is it scheduled for delivery and who's responsibility is it to schedule delivery? Becuase that's a question to me that it was still being used. But unfortunately, if the receipt says final, and the furniture isn't damaged, I don't think you have a legal reason to get your money back. Were you made aware of the return policy?
Umm, first of all, why is your furniture still in the store? Was it scheduled to be delivered at a certain time and date? Or did you schedule to pick it up yourself? Because if the store agreed to deliver it, it shouldn't still be on the sales floor. And that would be an indication of their business practices, along with the way the manager acted. Alot also depends on what kind of fine print was on the receipt/invoice.
Hope stuff works out for you, and if all else fails, perhaps you could suck it up with the furniture for a while until you can find someone to sell it to, so you can make your money back from it. Good luck!
@Talishazwi: They are suppose to deliver it on Tuesday. They never told us their return policy. In little letters on the reciept it does say all sales are final. =( That is the ONLY thing that is keeping me from thinking that this is totally illegal.
I'm not sure about the legalities of it but the place sounds completely unprofessional. I would have assumed that once you paid for it in full, it would have been taken off the floor and at least put in the back somewhere to prevent further damage. I'm curious to see if you do have any options.
Here is a link to Michigan consumer protection legislation:
http://www.michigan.gov/ag/0,1607,7-164-34739_20942-44718--,00.html
You may be out of luck.
I'm sorry you're going through this, but honestly, if the receipt says sales are final, you are probably out of luck. I always assume that, barring damage, furniture sales are final unless otherwise specified, but that is definitely the sort of think you should have asked up front. Their business practices sound unprofessional but legit. If I were going to try to find a loophole, I would say that you could argue about it still being out on the floor. The difficulty would be in proving that it is no longer in the condition it was when you bought it.
Good luck getting your car fixed and with the rest of your pregnancy, though. I hope it works out for you.
Have a "sneaky stranger" walk in and spill kool-aid or something awful on it and walk out to teach them a lesson for keeping it out there with people all over it. In all seriousness, I have seen places leave things on the floor once they are sold, but they always have big signs saying "SOLD" and tape across them to keep people from sitting on them. I hope this all works out for you....
If the receipt says that all sales are final, then all sales are final. They're obviously a little rude and unprofessional, but they're not breaking the law. I always assume that sales are final unless I'm told otherwise--especially big purchases like furniture and appliances. I'm sorry, but I think you're out of luck.
I think the guy sounds like a jerk, but if your reciept says that it's final...even if no one verbally told you....then it's binding and it's legal to do that.
Im sorry that the guy is an asshole,,,,but it sounds like you have some new furniture :-)
I'm sorry...I know it sucks....but just get your furniture and be done with the mean people at that store.
@julies1949: Thank you for that! It was exactly what I was looking for.
Thank you everyone for your support. I am worried we are just out of luck. I do have another question though. We have two reciepts. One little one that just has our debit card information on it and a big one that has the purchase information on it. The little reciept is the one my husband signed and that was just for authorization to take the money out. No where on it does it say what the stores policy is or what we bought. It just states a money transaction was made. Now the big reciept is what says "All sales are final". My husband never signed that one. Is that still considard a binding contract?
Be sure to check your receipts and all the paperwork that came with your purchase (like warranty) before you confront them again. i find it strange that you've paid in full, and the pieces are still on display in the store. That may end up being your bargaining chip.
Also, have you tried getting a second opinion on your car? Sometimes shops like to make the condition of the vehicle much worse than it usually is. Check your mileage, and what type of warranty you had when you purchased it, too. My Hyundai is covered up to 100,000 miles on things like transmission and engine problems. Yours may have some coverage that will help cut costs, and then you can have both your furniture and a car that runs!
@MissFlipFlops: I doubt it matters which receipt he signed. For example, if someone paid cash, they wouldn't have signed anything but they would be still bound to the "all sales are final" rule the store has.
Did your husband receive the large receipt before he signed the small one?
@EvaBostonTerrier: Ick...Your right. Dang it! I thought I was on to something! lol
@Rubies: Umm...from what I remember, the salesman swiped the debit card. Printed out the small receipt that my husband signed then wrote out the big reciept and gave us the yellow copy of it. So he did take the money before he gave out the reciept that said anything about the stores policies on it.
Are you sure that the furniture you are seeing in the store isn't just the sample? Generally when you buy furniture (unless it is a clearance sale or something), you don't get that EXACT piece. They generally order a new one and deliver (or you pick up).
I agree with PP's that if the reciept says All sales are final, then that is the case and it wouldn't matter which reciept was signed. The situation really sucks, though. I'm sorry. :(
Okay, not a lawyer here, but I think if they charged your card BEFORE they gave you the terms and conditions, you MIGHT have an argument. BUT I don't know, since there may have been other paperwork filled out BEFORE the card was charged which said the terms and conditions. Additionally, since your husband DID NOT contest the condition when he first received the "all sales final" notice, you might be out of luck too.
The only way I can think of to invalidate the contract would be if the furniture is somehow damaged, usually. BUT I caution you to read the terms and conditions again. If your husband did purchase the floor model, most likely the furniture is considered "As Is" so damage isn't going to get you out of the contract.
I think you're stuck.
@EvaBostonTerrier: You still get a receipt, even if you pay in cash. If the receipt says all sales are final, you can still dispute it usually in a reasonable amount of time depending upon the laws of the state. A lack of warranties is viewed as a materially different term of the contract. But, as I said before, if you accept the receipt and don't contest the terms immediately, you're likely stuck.
I worked at a furniture store for years. If the items were special ordered our cancellation policy was 20%. However floor models were always sold as is/no returns. It was also common to leave the items on the floor with a sold tag until the customer picked them up or had them delivered. Sorry!
Thanks again ladies!
Okay, Pretty much we are stuck. =/ I told my husband that I was a little worried about our furniture being damaged while still being out on the sales floor. Yes, we are getting the exact furniture that is out on the floor. If we were to order the furniture then it wouldn't have been delivered until the week the baby is due. Since that was the case we just decided to take the floor samples. What I let my husband know was that I was worried the saleman would sell our furniture that we already bought. When my husband was in the store discussing this with them he told the salesmen that "If he did not want the furniture then he would have to give us our money back". This is where the salemen said "I don't care if you don't want the furniture, you're not getting your money back. We'll keep the furniture and your money". This gave me the fear that the salesman would now be sneaky and sell our furniture since my husband had made the comment that he didn't "want" the furniture anymore.
I really wanted to come out of this a bigger person and inturn save our ass from buying damaged furniture. So I told my husband to call the man back and apologize for getting too upset over the whole ordeal and see if they can come to a conclusion or some type of compramise. I figured if we can't win then at least we came out the bigger person and maybe the guy won't do anything to our furniture.
No luck. My husband called and the man would not budge so we let him know that we at least want our furniture out of the salesroom. The guy said he cannot move it elsewear but just turn it at an angle where it would be difficult for people to sit on it.
Grrr.....I have learned my lesson! Thanks again though! Needless to say they have lost our future business.
Is it a chain store with a corporate office?? If so, call them directly because no matter what the stores policy is, corporate will almost always side with the customer and make them do the return.
sorry that it sucks that you can't return the furniture. I know the receipt says "all sales final" but in all my years shopping they usually have a return policy if never used.
But if I were you, I would contact the Better Business Bureau and complain about the customer service and the threat of taking your money as well as not delivering the furniture to you. I would also go online to Yelp & other sites that like and give reviews about the situation.
Thats totally sucky and I know about the transmission..I just had to get mine replaced --$2100...blahhh!!!
Ugh, companies like that are so annoying. Like you said, you are out of luck, once you buy something that's that. Whether you take it or not. But if they were to sell the furniture that you bought to someone else... that would be illegal. Unless you "abandoned" it for 30 days. They are jerks for keeping it on the sales floor. You are buying as-is... but "as-is" for YESTERDAY, not the scratch on the corner from TODAY. Boo hiss, tell them they're awful at customer service!
You can also report them to the better business bureau or something. At least so people know they aren't willing to compromise OR move the furniture once you buy it. Hope all goes well with the transmission. Maybe the auto shop can set you up on a payment plan.
Is there someone above him that you can speak to? If so, let them know how unprofessional and rude the guy was. They might make an exception because of the way you were treated and because the furniture was on the sales floor still. That last part alone should be enough for a formal complaint. They should have pulled it when you bought it. I would try to go above his head.
I agree with PP about calling the corporate office. They almost always side with the customer just so they don't get a bad name. It's definitely worth a shot.
To those who want me to call the corporate office:
I can't and that sucks BIG TIME! The store is owned by the same man who works there every day. The same man we have been dealing with. I think it is just a little family owned place. You would think that since its a small business then it would be #1 priority to keep every customer possible. Believe me, I've already looked into it. The jerk we are dealing with calls all the shots.
As for reporting to the BBB. That is on my list ASAP!
@MissFlipFlops: That really sucks. Sorry we couldn't be of more help then! I'd definitely be placing a call to the BBB and reviewing them on places like yelp.com and google reviews. Anywhere you can get the negative word out I would
If they don't deliver your furniture and still keep your money, then you might have some rights if you paid with a Visa/Mastercard debit card, or depending on your bank. If you do not receive the product you paid for and they have no proof that you signed for delivery, you can dispute the charges through your bank or CC company. The bank will go back to the store asking for proof that they delivered it to you and if they cannot come up with solid proof that you signed for it, then the bank will charge the amount back to the store and give you your money back.
This doesn't include if you refuse the furniture, it's just if he doesn't deliver it to you, which is a good concern to have. Good luck!
@stellablue5997: Interesting.....Thank you for that! They are suppose to deliver it to us tomorrow. The only thing my husband signed was the receipt for taking money out of our account. He signed nothing for delivering the furniture tomorrow.
I'll update everyone tomorrow night on if we did recieve our furniture or not. Again, Thanks everyone!
Wow this sucks! As a business owner i would very upset if an employee said to a customer i'm keeping your product and your money. I say contact the ower or corporation, like pp said they usually side with the customer, its really irresponsible of them to let people sit or touch something that is sold especially a sofa that could be stained or torn.
I agree with @sand dollar: about your car. When you had your oil change done was it at a part-swapper type place, or an actual full service garage? Unless it was the later, I'd get a second opinion. I took my car in once to get a quote on muffler work and it was something like $300. I thought that was bologna so when I had the opportunity I took it to a place back home where my Dad went, in the end it was a $40 repair for a gasket or something that needed to be replaced.
Sorry to hear about your dilemma :( I suppose if your car is for sure in need of an expensive repair, you could list the furniture for sale over craigslist or something and hope for the best?
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I'm VERY confused! If anyone has any insight to this kind of situation please let me know!!
So Friday night my husband and I purchased a couch and loveseat. We paid for the furniture in full with our debit card. The money IS out of the account. I am due in 4 weeks with a baby and have been traveling ALOT due to being a high risk pregnancy. Lately we noticed our car has been acting a little funny. We didn't think it would be anything too expensive to fix so we were not too worried about it. Well, yesterday I took it in for a oil change and told the machanic to take a look around the car and he noticed my transmission is failing. BIG bummer and VERY costly to fix. We decided that we NEED to fix this car now instead of getting new furniture.
My husband goes in this morning to the furniture place to explain our situation and he notices that even though we bought our furniture in full, (We bought the floor model) our furniture has been sitting out on the floor like its still on sale and there were people sitting all over it checking it out! He told the guy our situation and the manager had a big attitude and said that on the reciept it says all sale are final. My husband said that if we refuse the furniture that they can't possibly keep our money. The guy told him he doesn't care if we take the furniture, hes keeping our money. Then he goes to tell my husband "Your a grown man and you purchased this so now you have to be mature enough to follow through". OHHH that made me LIVID! The guy then goes on to tell him how he could of sold the furniture we bought yesterday and how WE are putting HIM in a binde...etc.
I'm not sure what to do. We HAVE to get my car fixed. We have never had any big problems with our car and this totally caught us off guard. We would of never bought this furniture if we would of knew 24 hours before that we would need to replace a transmission. I just don't understand how they can keep our money, keep the exact furniture out on the floor that we paid in full and then refuse to give it back to us. Grrr...
What to do ladies? Is this legal?