J
joseph17
Guest
We put a $40 deposit on 2 chairs ($108 total value) in a furniture store, but did this by credit card over the phone. (Our relatives gave us their credit card to make the purchase as their gift to us) At the time of deposit, nothing was said about any agreement or contract, but we asked what happens if we decide to cancel. They were suprised with the question, and said they would sell them in the store. This was done on Dec 10, and they mailed us a receipt with a contract on January 2 (postmarked).
We are planning on picking up the chairs now (they were on order), and pay the balance due. Although not alot of money is at stake here, there are some questions:
1. Are we bound, at this point by the contract,if we want to cancel out(due to harsh contract) since we were never told of the provisions on the phone? Some provisions are:
a. all orders must be cancelled within 72 hours of agreement for full refund. cancellation after 72 hours requires a 30% fee paid to Seller in lieu of any other damages or charges [but we found out about this provision 3 weeks later by mail, and never had the chance to cancel if we had wanted to! can we cancel now, because of the "bad taste" in our mouths from the shocking/unfair/bias requirements? or if we encounter problems with the merchandise prior to paying and picking up the furniture?]
b. merchandise is under 90 day manufacturer's warranty unless otherwise specified. Buyer is responsible for all
shipping. [ but the tag on chair in store says 10 year warranty! is a "tag" considered "otherwise specified"?]
c. Buyer agrees that sole remedy of any conflicts shall be through arbitration of Better Business Bureau and waive right to litigate any dispute, regardless of whether payment was made by cash, check or credit card. [ why should we be restricted in remedies, while the store can do anything they want? do we have credit card rights?]
Relatives bought 2 chairs for us last year, from the same chain store, and there were some minor nicks on the chairs, which we didn't question. I don't know if these 2 new chairs will have the same problem, but we just want to know what our rights are, and if we are bound buy the agreement, even though we never signed it (it says "phone sale" on the line where customer signs). There is another line for "Received by Customer", assuming we have to sign it when the chairs are picked up.
I think we are going to have to go and pick the 2 chairs up,knowing there are "problems" with this whole arrangement, but thought you might have some advice to make things go smoother.
Thanks
Joe/NJ
We are planning on picking up the chairs now (they were on order), and pay the balance due. Although not alot of money is at stake here, there are some questions:
1. Are we bound, at this point by the contract,if we want to cancel out(due to harsh contract) since we were never told of the provisions on the phone? Some provisions are:
a. all orders must be cancelled within 72 hours of agreement for full refund. cancellation after 72 hours requires a 30% fee paid to Seller in lieu of any other damages or charges [but we found out about this provision 3 weeks later by mail, and never had the chance to cancel if we had wanted to! can we cancel now, because of the "bad taste" in our mouths from the shocking/unfair/bias requirements? or if we encounter problems with the merchandise prior to paying and picking up the furniture?]
b. merchandise is under 90 day manufacturer's warranty unless otherwise specified. Buyer is responsible for all
shipping. [ but the tag on chair in store says 10 year warranty! is a "tag" considered "otherwise specified"?]
c. Buyer agrees that sole remedy of any conflicts shall be through arbitration of Better Business Bureau and waive right to litigate any dispute, regardless of whether payment was made by cash, check or credit card. [ why should we be restricted in remedies, while the store can do anything they want? do we have credit card rights?]
Relatives bought 2 chairs for us last year, from the same chain store, and there were some minor nicks on the chairs, which we didn't question. I don't know if these 2 new chairs will have the same problem, but we just want to know what our rights are, and if we are bound buy the agreement, even though we never signed it (it says "phone sale" on the line where customer signs). There is another line for "Received by Customer", assuming we have to sign it when the chairs are picked up.
I think we are going to have to go and pick the 2 chairs up,knowing there are "problems" with this whole arrangement, but thought you might have some advice to make things go smoother.
Thanks
Joe/NJ