Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2016
    Posts
    1

    Default Store Painted an Armoire Without Permission and Still Wants Payment

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

    I purchased an armoire from an antique store on May 25th. I planned to put the armoire in a room that was soon to be redone, and until it was finished, planned to store the armoire in the sitting room. I told the retailer that I would have to pick up the armoire sometime after Memorial Day, because my guy with the truck was on vacation. The armoire was to go into a bedroom that was in the process of being finished. When we move all of the bedroom furniture out of that bedroom into the sitting room, there was no room for the armoire. This is my situation. Lacy contacted me on June 7th asking what my plans were for the armoire. I responded to her text using my computer on the 8th, but because I answered the text through my email, the entire content of the text was not recorded. But I didn't know that. I assumed all was well. Lacy contacted me on June 14th saying I should get the armoire because it might get damaged in the warehouse. I asked if I could get it in a week or so? Lacy did not respond to the email. I then contacted her on June 30th saying the armoire wouldn't work for me and asked her if she would like to buy it back. She said no, but offered me store credit. I said that I did not want store credit and wondered if she had contacted the person who wanted it painted to see if he was still interested in it. If she hadn't, would she please do so. Lacy did not respond to my text. I assumed all was well. I had no communication from her until I texted her on August 8th saying we were coming to pick up the armoire. She responded by saying the armoire had been painted in hopes that it would find a new home. By painting a solid mahogany with burled mahogany inlay armoire she devalued the piece considerably. Initially she said that she would refund me $400 and charge me $400 for storage. After talking to legal council, she now says I can have store credit or pick up the armoire in its painted state. I want a refund of my $795, because if I strip the paint off the armoire I will also strip off the original finish which will greatly reduce the value of the armoire as well as costing me a lot of time. I think she painted the armoire without contacting me because she hoped I would never pick it up and then she would get paid twice for the same item. Below is the history of our correspondence:

    MN
    6/7/16 3:16 PM 2 months ago
    Inbox

    : Hello!!! Lacy with Eye Candy! What's your plan with the armoire? Just checking in. 3:16 PM
    Call
    Text


    Me to + Add - , MN
    6/8/16 7:44 AM 2 months ago

    Me: Hi Lacy, 7:44 AM

    MN
    6/14/16 1:43 PM 8 weeks ago
    Inbox

    : Hi there! I didn't receive a complete response from your last message. Wondering about the armoire. We need to get it out of our back room before it gets damaged! 1:43 PM
    Me: Lacy, We'll have to get it next week sometime if that is OK. We are still finishing the room it goes in and have no place to store it. 3:43 PM


    6/30/16 2:06 PM 5 weeks ago
    Inbox

    Me: L 1:42 PM
    Me: L Thank you for storing the armoire for me and for all your time and effort related to it. Unfortunately, for a variety or reasons, it will no longer work for me and I am wondering if you would be willing to buy it back. Also, I have a solid oak armoire similar in size to yours that I'd like to sell for $450. I might have someone who could to deliver it for you for $50. Regards, Teresa 2:00 PM


    : Hi , I'm not interested in buying anything right now, but could possibly give you store credit. Our policy is 7 days. I'm a small business owner and am not in a position to refund cash back after several weeks. I'm sure you understand. Let me know what you'd like to do. If it's an issue of getting the armoire to you, I can deliver it next week. 2:06 PM
    Me: Thanks, I don't need store credit and I do understand. The original purchaser who wanted a painted armoire is no longer interested in the armoire I am assuming. If you don't know for sure, could you possibly check? 3:16 PM

    Me: . I am sorry you have had to hold onto the armoire for so long. We'd like to pick it up sometime next week. Will you please tell me how many parts it separates into. Thanks, Teresa 4:44 PM
    +: I'm sorry we painted it, in hopes to move it to a new home. 4:47 PM
    Me: So, you are going to refund my money? 5:31

    you should have contacted me before doing that. I do expect a refund. Teresa 5:32 PM
    Me: , These are my last two texts to you:Me: Lacy, 1:42 PM Me: Lacy, Thank you for storing the armoire for me and for all your time and effort related to it. Unfortunately, for a variety or reasons, it will no longer work for me and I am wondering if you would be willing to buy it back. Also, I have a solid oak armoire similar in size to yours that I'd like to sell for $450. I might have someone who could to deliver it for you for $50. Regards, 2:00 PM +16122720584: Hi , I'm not interested in buying anything right now, but could possibly give you store credit. Our policy is 7 days. I'm a small business owner and am not in a position to refund cash back after several weeks. I'm sure you understand. Let me know what you'd like to do. If it's an issue of getting the armoire to you, I can deliver it next week. 2:06 PM Me: Thanks , I don't need store credit and I do understand. The original purchaser who wanted a painted armoire is no longer interested in the armoire I am assuming. If you don't know for sure, could you possibly check? 3:16 PM Call Text more▼ Blue_ghost Add - , MN 6/14/16 1:43 PM 8 weeks ago Inbox +: Hi there! I didn't receive a complete response from your last message. Wondering about the armoire. We need to get it out of our back room before it gets damaged! 1:43 PM Me:, We'll have to get it next week sometime if that is OK. We are still finishing the room it goes in and have no place to store it. 3:43 PM Call Text more▼ 9:12 PM
    Me: as you can see from these texts, my comments were to check if the person who originally wanted the armoire still wanted it. I never even suggested that you should paint it. I did not authorize it to be painted. I said that I did not want store credit. What I wonder is why you didn't get back to me with the answer to my question. And instead of painting the armoire without my permission, why didn't you tell me to come 9:18 PM
    Me: and get the armoire, particularly when I said most assuredly that I did not what store credit. You could have said, "We can't store the armoire for you anymore and we need you to pick it up by this date." I would definitely have come to get the armoire. Because you failed to get back to me with the answer to my question, because I paid for the armoire and clearly indicated that I did not want store credit, and because you failed to 9:23 PM
    Me: notify me that you were going to paint the armoire if I did not pick it up, because you failed to get my permission to paint something that belonged to me, I deserve a full refund regardless of when the armoire sells. I simply don't understand why you did what you did, particularly since the armoire no longer belonged to you. The obvious thing to have done, if you no longer want 9:36 PM
    Me: to store the armoire was to tell me to come and get it. If you can return the armoire to its condition before you painted it, I am still willing to take it, If you would like to call me, my home phone number

    8/10/16 12:03 PM 25 hours ago
    Inbox

    : June 14th, I followed up with you regarding a timeline for pick up. Almost 4 weeks the purchase date of may 25th. When you said you'd be picking up after the Memorial Day holiday weekend. At that time, I requested you pick up ASAP. 2 weeks later, June 30th, you told me you were not able to take the piece any longer, and I advised you of our return policy of 7 days. Obviously we were far past our policy date. 5 weeks later, we are simply not able to hold onto merchandise. In fact, we have a $25 per day storage policy. So technically, you have over $1000 in storage fees. I simply cannot be responsible for merchandise left for almost 90 days.



    2:26 PM (23 hours ago)

    to me . But after 90 days of storage, moving it around our back room to keep it safe until you could pick it up, there is monitary value in all of that, technically, at $25 per day. I cannot refund $795, to you after all of this. I will offer meeting you halfway though. I'll issue a refund of half the purchase price. I feel this is a fair resolution to the unfortunate situation. Please send me your mailing address and I will mail in my next check run.

    Thank you,

    2:52 PM (22 hours ago)


    I'm sorry, but that won't work. If you didn't want to store the
    armoire for me for free as I understood since you didn't indicate
    otherwise and give me a chance not to lose $400 and there by you
    gaining $400. I will have to check into my other options. In fact,
    it may be that you neglected to contact me regarding your intentions
    about the armoire in the hopes that I might forget about it and you
    repossess it without any negative ramifications and thereby make and
    additional $800. I have a few friends and a sister who are lawyers
    and who will help me take you to small claims court. I also write a
    letter to the editor of the Hastings Gazette about your unfair
    business practices. I can report you to the attorney general and the
    better business bureau as well. To prevent these actions, I suggest
    you refund the purchase price of the armoire. Legally, you can not
    impose a penalty on someone with out telling them that you are going
    to do so.



    12:47 PM (1 hour ago)

    to me
    Hi

    After discussing with my legal council, you can either take $795 in store credit, as explained by my return policy on the bottom of the receipt that was emailed to you, or you can have the piece, in its current condition. You must pickup in 5 business days if you choose this option. Please let me know what you decide.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Refund from Retailer Who Painted a Stored Armoire Without Permission

    What did the policy on the bottom of the receipt state?

    is there any stated policy regarding storage fees?


    Unless the the merchandise return policy allowed for any return you were not entitled to cash or even store credit simply because you changed your mind.

    The only thing that might help you here is they painted the thing. Depending on what their storage and return policy is you may have a fighting chance at a refund. You got lucky with that. Otherwise it was simply your armoire and you needed to pick it up.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Refund from Retailer Who Painted a Stored Armoire Without Permission

    You assumed this and you assumed that and you assumed the other thing. Now you know the reason for the old saying about what assume does. What the heck ever happened to talking to someone on the phone or face to face.

    I'm afraid you shot yourself in the foot big time.

    Take the store credit or pick up your armoire as is.

    I think your comment about painting it could be construed as asking her to paint it and attempt to resell it.

    The original purchaser who wanted a painted armoire is no longer interested in the armoire I am assuming. If you don't know for sure, could you possibly check?

  4. #4

    Default Re: Refund from Retailer Who Painted a Stored Armoire Without Permission

    Quote Quoting tjtheesfeld
    View Post
    After discussing with my legal council, you can either take $795 in store credit, as explained by my return policy on the bottom of the receipt that was emailed to you, or you can have the piece, in its current condition. You must pickup in 5 business days if you choose this option. Please let me know what you decide.
    This is all an argument for occasionally picking up the phone and then following up with a simple confirmation email. My head hurts following that, and sending emails to text inboxes is cruel and unusal.

    1. Sponsored Links
       

Similar Threads

  1. Embezzlement: Employee Processed a False Payment to a Store Credit Card
    By jessicabee in forum Criminal Charges
    Replies: 8
    Last Post: 11-16-2014, 07:52 AM
  2. Ownership Rights: Can My Father In-Law Demand Payment for Property He Verbally Aggreed to Store
    By Jrummel83 in forum Personal Property
    Replies: 3
    Last Post: 12-28-2012, 06:16 PM
  3. Retail Fraud / Shoplifting: How Much Money Can a Store Demand in Payment when Detaining You for Shoplifting
    By Donna Joyce in forum Criminal Charges
    Replies: 8
    Last Post: 10-07-2010, 09:18 AM
  4. Replies: 2
    Last Post: 06-19-2010, 09:05 PM
  5. Retail Fraud / Shoplifting: Getting Permission to Shop at the Store Again
    By PandorasBox in forum Criminal Charges
    Replies: 7
    Last Post: 05-06-2009, 07:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources