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  1. #1

    Default Furniture Partially Delivered, Not Signed for

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

    Last week I ordered and arranged to have delivered a significant furniture/TV purchase (whole new bedroom, over $5000)
    I had to take a day off work to have the pieces delivered, as well as clear out the room. The delivery service was to include set-up/installation of all the items. I was informed that when I signed for it, it was mine, no returns.

    When the delivery team arrived, they had forgotten one piece of the headboard, and told me they would come back several hours later to finish. They left all the pieces in the room, but did not finish installation. The drawer pulls were all flipped to the inside, stickers still present, mattress still wrapped, some pieces left wrapped in moving blankets...
    The only piece actually delivered, installed completely was the big screen TV for the living room.

    I did not sign for anything at the delivery, and informed them that I would NOT sign for a partial delivery at all. After the delivery team left, I did some inspection of the items and the largest item (huge dresser) has a drawer installed off level and makes one whole side of the unit defective (there is a sliding door that passes over each of the sections in the barn door style) I informed them immediately that I would not be able to keep that dresser and that they needed to send a new one, and that they should do that before completing the bed or they would have to unbuild the bed to get the dressers exchanged. This happened within an hour of the delivery team leaving... The issue was not addressed that day, and I have now had all this stuff for several days. I still have not signed for anything.

    I have since had to complete the rest of the steps to use the cabinets that I have and put the bed together because I don't have anywhere else to sleep.

    My question is:
    What is my legal obligation at this time to pay on the store credit that these items were purchased with? Since delivery was not completed, some of the ordered items were not received or were received defective, and I have not signed on any of them?

    What is my legal obligation to permit the company to complete delivery?

    What is my legal obligation to return the items if I want to cancel the whole thing, and since I've been using the furniture as it can be used at present, does that alter my obligations?

    I am extremely unhappy with the carelessness I have been treated with by the company and, as a hobby-carpenter I KNOW that the person that installed that drawer and probably 3 or so more people after him knew they were sending out a defective product.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Furniture Partially Delivered, Not Signed for

    If you cancel the sale, very obviously you have to return the items that you no longer want to buy or pay for. Signing off on the delivery with a statement that everything was received and acceptably installed protects the vendor, but refusing to sign the document does not mean that you can revoke your purchase.

    Many minor issues with furniture, such as a problem with a drawer, can be resolved quickly and easily by a vendor, either before or after delivery. Even if the problem requires that a piece of furniture be replaced, that will not of itself necessarily provide you with any basis to avoid the rest of your contract.

    Mistakenly forgetting a part of a piece of furniture, so that a second trip is necessary, is also a minor error that can be easily remedied.

    When did the vendor agree to return to fix the rest of the problems?

    If you want to try to get the vendor to agree to cancel the sale, read your contract to see the terms you agreed to accept in relation to returns, talk to the vendor about a possible return, and make sure that whatever use you've made of the items doesn't in any way affect their condition or appearance. Once you know the vendor's position, follow up here if necessary.

  3. #3

    Default Re: Furniture Partially Delivered, Not Signed for

    Thank you for your response.
    They didn't agree at the time to fix the dresser - they were planning on coming back later that day to finish installation of the bed, and could have brought a new dresser at the time had they not just dismissed me. Another issue which is small but annoying was that the original team was 2 guys and only 1 was going to come back. I was very uncomfortable having 2 men I don't know in my house, but to have only one I could not tolerate, so the burden was on me to have another person present (PTSD from the assault a few months ago which you already know about.)
    They have since now agreed to exchange the dresser, but now the issue is finding time to have them come back out and basically do the whole thing over... I am NOT taking another day off work. This is too inconvenient. I don't trust the workmanship of the product and the store has been so careless with me that I don't want to do business with them again. Meanwhile, I'm using the furniture because I got rid of all the old stuff to make room for it.
    I had thought about calling the store and recommending that they make me an offer to retain my business... but I was expecting this to be furniture that will last me decades (nicest furniture I've ever bought) and to have such a careless mistake made with the drawers, I'm not comfortable with spending the amount of money now.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,658

    Default Re: Furniture Partially Delivered, Not Signed for

    And by now I'm sure the vendor would love to come get their stuff and let you purchase your stuff elsewhere.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5

    Default Re: Furniture Partially Delivered, Not Signed for

    I have been on the phone with these people so many times.. it's like the game of telephone. Like where one person whispers something in your ear, and the message passes down person to person to see how much it has changed...

    I have told them that I don't want to do business with them anymore, after probably 10 phone calls trying to get this resolved. The last woman I spoke to offered to refund the delivery fee... She was very rude to me. I told her to send her guys to pick it all back up. I'm not paying them $1.

    I haven't heard back yet about arranging that pick up.

  6. #6

    Default Re: Furniture Partially Delivered, Not Signed for

    Here is where this situation is right now....

    Another woman called me a couple days after last update. She was at least kind, but I told her that I wanted to cancel my order and return the items. I told her I'm not paying for anything that was not delivered properly (only the big screen TV was) and according to the contract. She said she would have the local delivery team call to arrange pick up and asked what day I would be available. They never came, nor called. I called the day after the pick up was supposed to happen, and was told that the store considered my contract complete and was not going to do anything further.

    My contract was NOT complete. I have not received all of the items I ordered. I was not given the opportunity to inspect any of the items at delivery except the TV, and the one large cabinet that has defective drawers is neither fixed nor replaced. I have a recorded phone call with a representative of the company agreeing and making part of the arrangements for picking up the items. They are now reporting the debt on my credit report (over $8k)

    What is my best option?

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,658

    Default Re: Furniture Partially Delivered, Not Signed for

    Quote Quoting Eph612Mom
    View Post
    Here is where this situation is right now....

    Another woman called me a couple days after last update. She was at least kind, but I told her that I wanted to cancel my order and return the items. I told her I'm not paying for anything that was not delivered properly (only the big screen TV was) and according to the contract. She said she would have the local delivery team call to arrange pick up and asked what day I would be available. They never came, nor called. I called the day after the pick up was supposed to happen, and was told that the store considered my contract complete and was not going to do anything further.

    My contract was NOT complete. I have not received all of the items I ordered. I was not given the opportunity to inspect any of the items at delivery except the TV, and the one large cabinet that has defective drawers is neither fixed nor replaced. I have a recorded phone call with a representative of the company agreeing and making part of the arrangements for picking up the items. They are now reporting the debt on my credit report (over $8k)

    What is my best option?
    You could forget about returning the items now. You own them. You chose to make it hard for the vendor to pick the items up. You may still have an opportunity to have the one item fixed under the warranty.

    Your only option now is to pay the remaining balance to get the credit report updated.

    The vendor isn't going to play Monty Hall with you and offer you a fraction of the price in order for you to pay. They want all their money, not half or a third of it.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Furniture Partially Delivered, Not Signed for

    Quote Quoting Eph612Mom
    View Post
    Another woman called me a couple days after last update. She was at least kind, but I told her that I wanted to cancel my order and return the items. I told her I'm not paying for anything that was not delivered properly (only the big screen TV was) and according to the contract. She said she would have the local delivery team call to arrange pick up and asked what day I would be available. They never came, nor called. I called the day after the pick up was supposed to happen, and was told that the store considered my contract complete and was not going to do anything further.
    Are they denying that the discussion that you describe occurred? Do you know this woman's name?
    Quote Quoting Eph612Mom
    My contract was NOT complete. I have not received all of the items I ordered.
    Are you speaking of the piece of the headboard? The one that they have tried to deliver to you? Mistakes can happen during delivery. They're not going to voluntarily cancel your order over that oversight, so if that's the item at issue and they still possess it they will likely arrange to allow pickup or delivery.
    Quote Quoting Eph612Mom
    I have a recorded phone call with a representative of the company agreeing and making part of the arrangements for picking up the items.
    Is this the conversation you had with the person you describe as "another woman"?
    Quote Quoting Eph612Mom
    What is my best option?
    Have you reviewed your contract, as previously suggested? If so, what did you learn?

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