No Refund Policy Without Notice

[zollin]

My question involves a consumer law issue in the State of: Texas

I purchased a Sofa/ Futon from a store by phone in late May. At the time of purchase I was not informed of the no refund policy. The item was delieved July 5th and never opened. My Wife went out of town and returned July 23rd. On July 25th she finally got around to putting together the Futon Sofa. The Frame of the Sofa was cracked. The delivery paperwork does not state no refunds nor does the website. We have never been to the actual store.

After calling the store back it turns out the item is no longer produced and a replacement cannot be found. The Retailer refuses to refund the purchase instead stating he will credit us at the store with no charges for pick up of old sofa and delivery of new products.

My question is, since the product was borken/ deffective and we do not want anything else sold at the store, can the refuse to refund a product he could not produce in like new condition?

Thanks

[Mr. Knowitall]

You and the store are both in Texas?

This was a freight shipment, FOB shipping point?

[zollin]

Yes, both the store and my wife are in Texas. The store owner delivered the furniture to the house personally with his own truck.