"No Refunds" - But Bait and Switch?

[Actingi]

What is the name of your state? CA

Went to a going-out-of-business furniture store in CA, bought a bedroom set, all new. Told there would be no refunds, as it was a liquidation sale.

Went back two days later, just to look at the set again...discovered it was no longer on display because they had packed it up to SHIP IT TO ME. They were giving me the floor model, without telling me (and, in fact, saying it would be all new.)

Tried to get a refund, they refuse.

What do you think?

 

[JETX]

What do you think?

I think you bought yourself some furniture.

 

[Actingi]

Seriously?

I appreciate your help, of course...but haven't they broken the contract by not giving me what I paid for?

If I bought a Queen sized bed and dresser...and they delivered a set of bunk beds and a lamp, I'd have a case, right? So why isn't a used bed when I bought a new one the same thing?

 

[Some Random Guy]

Floor models are new. Just unboxed and reboxed.

In many furniture stores you get what you see on the showroom floor.

Check for damage when it is delivered. How did you pay for the furniture?

 

[Actingi]

Thanks. The floor model does have some minor scratches. After I complained, salesman magically decided he actually "could" find new parts to the whole set, except the rails (which are also scratched.) This would be fine...but the truth of the matter (which I didn't reveal to them of course) is that I wanted out of the deal so I could get a cheaper bedset I like even more at a different place. Of course I couldn't since there was no refunds...but then I caught them trying to pawn off the floor model on me and betting that I wouldn't notice, which I believe is a breach of contract.

I paid by check. Tried cancelling it today...it has already been cashed.

Also, I realize that floor models at furniture stores aren't literally "used", but it was specified that the bedroom set I was buying would be fresh from the warehouse, after I voiced a concern about the floor model's dresser drawer being broken.

 

[Actingi]

By the way, I'm meeting with the store manager tomorrow (he wasn't in today). Any thoughts on how to approach?

Assuming the meeting doesn't go well, I assume they'll try to deliver the furniture to me on Saturday, as originally planned. What happens if I refuse to accept the delivery?

 

[CraigFL]

You're lucky you didn't get to cancel the check or you would be in legal problems. Hopefully they will make good by replacing or repairing damaged parts. I would wait until it's delivered and not all suspect areas on the delivery ticket.

 

[JETX]

but haven't they broken the contract by not giving me what I paid for?

How did you not get what you paid for??
You paid for furniture at a 'going out of business' sale. What did you expect them to go out and order new furniture for you??
And of course, you will be able to PROVE in court that they told you that you would NOT get the furniture that they showed you... but would give you 'new' furniture from somewhere. Right??

Like I said.... unless they resolve this matter with you to your satisfaction (which they have NO obligation to do), you bought some furniture.

 

[Actingi]

Actually, they said they had a new set in the warehouse that they would send me, and that was on my receipt, so yes, I could "prove it".

Anyhow, I've managed to resolve the situation. Complained to the manager, went back and forth on the "no refund" policy until he realized that I just wasn't going to go away. Finally, he magically claimed that they in fact DID (again) have a new bedset that they could deliver to me. I said great...but told him that if the delivery man showed up at my door with the floor model, I wouldn't even bother calling the store. I was going straight to my lawyer.

Sure enough, the next day, the salesman called to inform me that the warehouse had "screwed up again" and they wouldn't be able to send me the new bedset this Saturday, but that I would have to wait until next Friday.

I said absolutely not, this was the second breach of contract in about 72 hours, and I was done. They would refund my money today or I would see them in court.

Got my refund. ;c)