Legal Question in Consumer Law in California

Re: Furniture sales

There are many facts that come into play. Your transaction may or may not be based on a written contract. For instance, did you sign the order form (or agree to it online) or did this form simply come with the furniture?

Generally, when the store delivers a damaged product, the store is in breach of the contract. If the product is not damaged but not of the level of quality specifically promised, the store is in breach of the contract. The contract may provide the store an opportunity to cure such a breach (i.e., fix the issue) or it may give the buyer a right to cancel.

If you did not rely on any specific promise of quality, then a "no cancellation" provision may indeed apply. That said, generally the resolution of a buyer's disappointment is a battle of wills. In which case it is usually productive to be polite but firm and think outside the box for a resolution which is acceptable to both parties.

Re: Furniture sales

I did not read your question as though you have "cancelled" your order or even that you want to. To me, "special orders are non-cancelable" means that you can't just change your mind after you have placed the special order - which makes sense because a 'special order' will be made especially for you and is not a stock item. In my mind, it is a separate issue if the specially ordered item is delivered and is not according to the way you ordered it, how it was represented to you that it would be, or otherwise of low quality for the price. That is rejection after delivery, which arguably is far different from canceling the order after it is made. Whether the goods do conform to the order is subjective on both sides for both seller and purchaser, of course. Industry standards and "reasonableness" of beliefs/representations/opinions may be called into play.

A California attorney will have to look at all the wording of your sales agreement/order form/other papers to form a complete opinion and to determine your best courses of action and potential remedies.

Good luck to you!