• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Furniture Purchase/Contract by Phone

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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

 


J

joseph17

Guest
I'm assuming that this matter is considered relatively minor compared to other matters, based on the response about motion to settle, but I can't be sure, as I'm not an attorney. I'm going to assume that you are trying to tell me in a nice way that I should not worry so much about this matter (unless I hear otherwise) and enjoy the gift of 2 chairs! If something does develop, we can deal with it at that time. Thanks.
Joe/NJ
 

JETX

Senior Member
My $0.02 worth...

The agreement you are asking about, though harsh, is not unheard of in the furniture world. A lot of times customers order furniture of a particular fabric or style and pay a 'deposit'. The furniture store then goes out and orders the furniture (to your selection) from the manufacturer. When the furniture actually arrives, the customer decides that 'he/she has changed their mind' and no longer wants the furniture. The store is then 'stuck' with your furniture that can't be resold at the 'agreed price'. This also happens to the manufacturer, who imposes harsh contracts on the merchant, who in turn, imposes them on you. Don't take this contract personally, it is a reality of the 'furniture life'.

To answer your questions:
Q1) "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?"
A1) Yes. As you noted, you received this 'contract' postmarked on January 2. The contract gives you 72 hours (from receipt) to cancel without penalty. That time has expired, you are obligated to comply.

Q2) "can we cancel now because of the "bad taste" in our mouths from the shocking/unfair/bias requirements?
A2) No. See A1 above.

Q3) "or if we encounter problems with the merchandise prior to paying and picking up the furniture?
A3) No. See A1 above.

Q4) "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"?]
A4) Yes. Be sure that you get, and understand, the manufacturers warranty with the furniture.

Q5) "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?]"
A5) Why not??? And, yes you still have the FEDERAL protections on the credit card purchase. No contract can modify or void the law.

Hope that this helps....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top