Furniture company advertise set and then decides not to make a piece in the set

[mtdewbob]

What is the name of your state (only U.S. law)? IN

I bought a collection of furniture from a local store. They had to order and paid for the set. We got the set in except one piece within 6 weeks. 6 months later we were informed they have decided not make the piece we were missing. I felt I was misled. I don't feel the store is responsible since the material given to them by the company showed the item in the set. The manufactures continued to list the item on their website until I brought the issue up with them in the past few weeks in which they changed their website. I requested funds to purchase a custom built piece to replace the one piece they falsely advertised to me. They denied my request. I have proof of the change of the website and feel my request of $1,000 to be fair to replace what I cannot get from them.

 

[OHRoadwarrior]

Read the disclaimer on the companies web site.

 

[Antigone*]

What is the name of your state (only U.S. law)? IN

I bought a collection of furniture from a local store. They had to order and paid for the set. We got the set in except one piece within 6 weeks. 6 months later we were informed they have decided not make the piece we were missing. I felt I was misled. I don't feel the store is responsible since the material given to them by the company showed the item in the set. The manufactures continued to list the item on their website until I brought the issue up with them in the past few weeks in which they changed their website. I requested funds to purchase a custom built piece to replace the one piece they falsely advertised to me. They denied my request. I have proof of the change of the website and feel my request of $1,000 to be fair to replace what I cannot get from them.

**************..ok

 

[Antigone*]

Read the disclaimer on the companies web site.

pssst. OH the OP never asked a Q.

 

[mtdewbob]

I don't seem to be able to find their disclaimer. http://www.kathyirelandbaby.com/index.html Just curious if I have a case to seek damages to replace the falsely represented item?

 

[Zigner]

I don't seem to be able to find their disclaimer. http://www.kathyirelandbaby.com/index.html Just curious if I have a case to seek damages to replace the falsely represented item?

Why are you looking there? Did you buy directly from them? From their FAQ section:

Can I purchase kathy ireland Baby direct?

No. kathy ireland Baby furniture is only available through independent (specialty) furniture retailers. The advantages of purchasing from a local retailer include working with a furniture specialist to help make your selections, local delivery service and personal service.


ETA: Your beef is with the "local store", not the manufacturer.

 

[LdiJ]

I don't seem to be able to find their disclaimer. http://www.kathyirelandbaby.com/index.html Just curious if I have a case to seek damages to replace the falsely represented item?

Is this a case where you got less than what you paid for, or a case where you paid for exactly what you got but cannot get the other piece you wanted without paying considerably extra money? Could you have refused to accept delivery of any of the items and had you money returned to you?

 

[mtdewbob]

Sorry about being vague. I bought the items from a store but they were given the same information that the manufacturer had on their website. The store orders the furniture as you request it. The manufacturer (LaJobi) may not sell direct but it is their information and catalogs that are in the retail stores. In the catalog for the Pilgrimage collection it had item numbers for a book case that converted into a hutch top for the dresser that matched. The retail store put an order in for all the items. The items came in two different shipments 2 weeks apart. The hutch/bookcase never came in. The retail store called the company and were told it was being produced. Time went on and the baby came (we had a few health issues, all are okay now but more time passed) so we called the retail store again and they said they would look into it. Well apparently LaJobi had went back and forth the entire time we were waiting on rather they even going to produce the item. They store offered to refund our money but I felt this to be unfair since we bought the set due to the fact it had this conversion not to mention we had the other items in place and used. So I wanted to see what it would cost to custom build the item. I got a quick quote of $1,000. I felt the retail store was fed the same lies and thought they weren't liable. I called their sales rep who told me he thought I wasn't being unreasonable but couldn't do what I requested. He got me in contact with the national sales manager. I told him I felt they were falsely advertising the set on-line and requested $1,000 to replace the piece. 4 days later they changed their website to not include the hutch/bookcase in the set(I saved the website with it still listed before they removed it so I can prove it was on there). Then 3 days more passed and the sales manager called me back and said they didn't agree with my request. Which has led me to seek legal advice.

I appreciate all the input/questions/patience thus far from the users.

 

[Zigner]

You do not have a case against the manufacturer. You may have a case against the dealer.

 

[LdiJ]

Sorry about being vague. I bought the items from a store but they were given the same information that the manufacturer had on their website. The store orders the furniture as you request it. The manufacturer (LaJobi) may not sell direct but it is their information and catalogs that are in the retail stores. In the catalog for the Pilgrimage collection it had item numbers for a book case that converted into a hutch top for the dresser that matched. The retail store put an order in for all the items. The items came in two different shipments 2 weeks apart. The hutch/bookcase never came in. The retail store called the company and were told it was being produced. Time went on and the baby came (we had a few health issues, all are okay now but more time passed) so we called the retail store again and they said they would look into it. Well apparently LaJobi had went back and forth the entire time we were waiting on rather they even going to produce the item. They store offered to refund our money but I felt this to be unfair since we bought the set due to the fact it had this conversion not to mention we had the other items in place and used. So I wanted to see what it would cost to custom build the item. I got a quick quote of $1,000. I felt the retail store was fed the same lies and thought they weren't liable. I called their sales rep who told me he thought I wasn't being unreasonable but couldn't do what I requested. He got me in contact with the national sales manager. I told him I felt they were falsely advertising the set on-line and requested $1,000 to replace the piece. 4 days later they changed their website to not include the hutch/bookcase in the set(I saved the website with it still listed before they removed it so I can prove it was on there). Then 3 days more passed and the sales manager called me back and said they didn't agree with my request. Which has led me to seek legal advice.

I appreciate all the input/questions/patience thus far from the users.

You still did not answer my questions. The most important being did you get what you paid for and chose to accept? You do not have a case at all, against anyone, if you got what you paid for or if you could receive a refund for what you did not receive.

You stated that the store offered to refund your money. That is the most that anyone would be required to do. A judge certainly would not require either a distributor, retail store, or manufacturer to provide you the amount required to custom make an item that they were unable to deliver. They can only require someone to give you your money back.

 

[mtdewbob]

Thanks for all the responses:

This was my reasoning for my assumptions. I guess my thought was the false advertising route.
http://businesslaw.uslegal.com/deceptive-trade-practices-laws/indiana-deceptive-trade-practices-laws/
“(a) A person relying upon an uncured or incurable deceptive act may bring an action for the damages actually suffered as a consumer as a result of the deceptive act or five hundred dollars ($500), whichever is greater. The court may increase damages for a willful deceptive act in an amount that does not exceed the greater of:
(1) three (3) times the actual damages of the consumer suffering the loss; or
(2) one thousand dollars ($1,000).”

Since the manufacturer put the information on their website as an option was the reason we bought the set.
We had to pay a percentage upfront in order for them to order the set in. The retail store was informed by the company it was still being made until finally 6 months later the manufacturer decided they were not going to make it. So they gave the intention and then changed their mind mid stream after already showing it as a feature to the set. The set is now not complete which is what they advertised to me. Damages would be devaluing of the set since it is not complete and the loss of the actual shelf which we have paid for and not received.
Since the manufacturer sales representatives were the ones that continued to lead not only me but the retail store I thought they would be the responsible party.

Thanks for the continued advice.

 

[OHRoadwarrior]

It was not willful on the part of the furniture store. Judgment for the defendant.

 

[mtdewbob]

Which is what I said earlier and why I requested reimbursement from the manufacturer who produces the advertising materials and maintains the web site. I have never blamed the the retail store of more than failure to notify me sooner.

 

[ecmst12]

You can get back the money for the item you never received. Nothing more. You are not ENTITLED to the exact item you want. I suppose you could request to return the entire set for a refund, if it is all still in good condition, and then purchase another set with all the items you want.

But seriously, your baby is not going to care at all that the bookcase doesn't exactly match the dresser.

 

[OHRoadwarrior]

Which is what I said earlier and why I requested reimbursement from the manufacturer who produces the advertising materials and maintains the web site. I have never blamed the the retail store of more than failure to notify me sooner.

Your contract was not with the manufacturer, so they have no liability.