Legal Question in Consumer Law in California

Received Damaged Goods

On March 8, 2008, I charged a mattress set and frame from a major furniture store that is in Chapter 11. All sales were marked as Final. My salesman called a delivery company and arranged pick up and delivery for that night. He also negotiated the delivery price. The delivery service was an independent contractor and not employed by the store. When the matress arrived, I unwrapped it and found it to be dirty and ripped as were the box springs. There is substantial damage to all pieces. As the matress was wrapped when delivered and the wrapping had been uneffected during shipping, it can be assumed this damage did not occur during transit. I beleive I was given a damaged set and not the set I had commited to purchasing in the showroom. The bed frame as delivered was clearly used and missing it's screws. I have called the company many times and was able to leave one (unanswered) message. On subsequent calls, I received a message that their customer service voice box was full. I have also emailed with the complaint but they have not responded. I want them to pick up the merchandise and reimburse the $100 delivery fee. My credit card company says that I will have to pay unless I can return the merchandise.

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