Consumer Law, Warranties Ashley Furniture

[Naidelyn]

Jurisdiction

Texas

I purchase some bedroom sets for my girls since may 28, 2016, today is sep 28, 2016 and did not recieved the items. I called today and the president of the company told the employee that they were not going to issue a refund. I never received thw items, they wanted me to choose another items. Please some help me the amount that I paid was almost $5k.

 

[adjusterjack]

What does your purchase contract say about what the company will do if they can't deliver what you ordered?

You might be stuck with those terms and conditions.

 

[Naidelyn]

As items are special order at time of purchase the tentatively delivery timebfor goods is 2 -6 weeks. Due to possible delays and irregularities in manufacturing and shipping this time is only a guide actual delivery time may vary. Balances must paid in full before merchandise will be order.

 

[army judge]

As items are special order at time of purchase the tentatively delivery timebfor goods is 2 -6 weeks. Due to possible delays and irregularities in manufacturing and shipping this time is only a guide actual delivery time may vary. Balances must paid in full before merchandise will be order.

Did you pay the five grand in FULL?

Do you have proof of your payment?

If you answered YES to both questions you can sue the firm in small claims, JP Court, or visit a lawyer and ask him/her how to proceed.

 

[Naidelyn]

Yes i paid in full i have my receipt. Thanks.

 

[adjusterjack]

As items are special order at time of purchase the tentatively delivery timebfor goods is 2 -6 weeks. Due to possible delays and irregularities in manufacturing and shipping this time is only a guide actual delivery time may vary. Balances must paid in full before merchandise will be order.

Doesn't completely answer the question.

Does it say anything about refunds, no refunds, all sales final, alternatives if the furniture becomes unavailable? Any signs about refunds, no refunds, all sales final, etc, posted prominently in the store?

 

[Naidelyn]

Here is copy of the contract.

 

[adjusterjack]

Part of the contract is missing all the way down the left side but I can still make out enough.

1 - You can't sue because the contract requires binding arbitration.

2 - There's a clause about halfway down that says: "Furniture is specially ordered for you from the manufacturer at time of purchase. As such we do not allow refunds.

That contract is rather one-sided and appears to give you no recourse if the company can't deliver and the contract doesn't prohibit them offering you replacement furniture as your only option.

It looks like the company has covered themselves pretty well when something goes wrong at the manufacturer's end without actually saying that they aren't responsible if the manufacturer doesn't come through.

I don't know what to tell you. It might be worth a few hundred to have an attorney look this over.

Or you might contact your local TV stations consumer advocate. They just love to give this kind of thing the publicity it deserves. I can't tell you how many times I've seen this stuff on TV where the retailer profusely apologizes, blames it on an employee, and does the right thing because now the public is aware of his BS.

Also consider writing a review on Yelp or Ripoff Report.