Customer Refused Delivery of her Furniture!

[Hometown]

What is the name of your state? IL. Customer in Boston Mass ordered a complete bedroom set from me on 3/9/2006. She ordered from my website, and agreed to the terms and conditions of the purchase on my website (I will give website address if anyone needs). I spoke with the customer around the last week of April and she did not ever mention cancelling her order. My terms say 3-6 weeks under most circumstances, her order shipped in 6 weeks, she received in 8. Her order was Shipped out via White glove Freight carrier on 4/26/2006 and on 5/11/2006 i found out from the credit card company that they attempted delivery and she refused the order because she said it took to long. This was a 3000.00 purchase, in which 550.00 was delivery, and now i am going to have to pay for the delivery back to me in ILLINOIS along with the original delivery. I am trying to find out if i have any grounds to proceed with a lawsuit against the customer to recoupe the delivery charges (to her and back to me) and the 25% restocking fee. Please Help.

 

[stephenk]

Help with what?

"My terms say 3-6 weeks under most circumstances, her order shipped in 6 weeks, she received in 8."

Why the delay?

 

[Hometown]

Well, I would like to go after her for all costs i have incurred. I need to know if i have ground to stand on, I dont want to waste my time suing her and lose.

The delay was caused because we were waiting on stock for pieces. We only ship when everything is ready, not piece by piece. That is why we have our terms and conditions.

 

[CALIF-LAWPRO25]

Well, I would like to go after her for all costs i have incurred. I need to know if i have ground to stand on, I dont want to waste my time suing her and lose.

The delay was caused because we were waiting on stock for pieces. We only ship when everything is ready, not piece by piece. That is why we have our terms and conditions.

My response:

You breached the agreement. You have no grounds with which to sue. Your delay was unreasonable, and obviously unacceptable to your customer. Your excuses don't "cut the mustard." Either keep your promises, or lose future customers and money. Take your choice.

IAAL

 

[Hometown]

I find that hard to believe that i have no grounds, and i did NOT breach any agreement. My terms state 4-6 weeks in most cases, it does not promise 4-6 weeks it says it can take longer.

It actually does state that "Please allow 4-6 weeks for delivery of in stock items. If there is any issue with your order that causes it to fall outside our delivery time frame you will be notified. We try very hard to meet our 4-6 week deadline, however, please understand some larger items take longer to ship. Should you have any questions about your shipment please contact us. For large bulky items items outside of our local delivery please allow a few extra weeks in some cases"

It also states that we are not responsible for "in Transit" time and delays cause by the shipping company. I did contact the customer by phone 6 days before the item shipped and let her know it was leaving. She did not say she wanted to cancel. How am i in breach of agreement?

 

[CALIF-LAWPRO25]

I find that hard to believe that i have no grounds, and i did NOT breach any agreement. My terms state 4-6 weeks in most cases, it does not promise 4-6 weeks it says it can take longer.

It actually does state that "Please allow 4-6 weeks for delivery of in stock items. If there is any issue with your order that causes it to fall outside our delivery time frame you will be notified. We try very hard to meet our 4-6 week deadline, however, please understand some larger items take longer to ship. Should you have any questions about your shipment please contact us. For large bulky items items outside of our local delivery please allow a few extra weeks in some cases"

It also states that we are not responsible for "in Transit" time and delays cause by the shipping company. I did contact the customer by phone 6 days before the item shipped and let her know it was leaving. She did not say she wanted to cancel. How am i in breach of agreement?

My response:

So, you felt that this information was unimportant to our answers, in your initial post?

Good luck spending dollars to obtain pennies - - because you're going to have to sue her in her State.

IAAL

 

[Hometown]

Well no not unimportant, But my terms and conditions are almost a full page of text, so i did not want to copy the entire info, sorry.

Its not worth it to go after 3000.00 in court you dont think? I appreciate the honesty, I just feel i was stabbed in the back, like she planned this from the start. I offered her a 500.00 discount if she would accept the delivery and She is actually willing to accept the furniture, but said not for any less that a 1,000 discount. I feel like i am being taken advantage of, and it is horses**t.