Legal Question in Consumer Law in California

Delayed and unfullfilled furniture order

I purchased three pieces of furniture from a furniture store. The invoice estimated delivery time between 6 - 8 weeks. It's been 10 weeks, and I have just found out the order won't be shipped from overseas until next week, and won't be here in the States for another 2 weeks. That means I'll have to wait another month. I start to doubt this furniture store and want to cancel the order. The invoice sad ''special orders not subject to cancellation'' and ''all sales are for exchange or store credit only''. Can I still request for cash refunds, to me, it's a breach of contract as they can't fulfill the order within the time frame.


Asked on 8/08/07, 10:54 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Delayed and unfullfilled furniture order

It depends if the delivery time was a part of the promise. If they represented that you'd have the furniture within 8 weeks, they have breached. Your best bet is if you paid by credit card, in which case you can ask them to reverse the charges and be prepared to fax in the receipt which corroborates your claim that you were promised furniture within 8 weeks.

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Answered on 8/10/07, 5:00 pm


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