ANTIQUE WHITE OR WRONG
Hi Uncle Jim!
I have a problem that I hope you can advise me on. I'll try to be as concise as possible.
I ordered a piece of furniture on-line after seeing a picture and reading its description. This order was placed through a distributor - not the actual furniture company. It was described as antique white. After being informed that it was back-ordered, I still waited patiently for it to come. When it finally arrived, it was NOT antique white but a honey color! I immediately called to tell them I didn't want it. The girl was very nice, asked me to take a picture (which I did alongside my antique white bureau so she could see the difference). A few days later they informed me that I would not be billed for the product and to send it back - but that I had to pay a $50 re-stocking fee as well as shipping and handling!
We have emailed back and forth with no agreement - I refuse to pay for something which I feel has been misrepresented. They claim the manufacturer calls it antique white - how do I proceed from here?
I hope you will be able to give me some suggestions. I enjoy your Sat. AM radio show although I usually only get to hear part of it in the car.
Mary Moynahan
Mary,
In a worst case scenario, disputes like these wind up in small claims court. Many times it can be avoided, and frankly, the inconvenience is hardly worth the dollars involved. These are some of the things you might want to consider for purposes of negotiation or a small claims case should you go that route.
I doubt seriously if there is an “antique white” standard, so their opinion and yours start out on even ground. Then we have “buyer beware” vs. “the customer is always right” fighting to a stalemate.
They asked you to take a picture. Therefore, they opened the door to comparison and leaned in your direction.
By agreeing to take the item back, acceptability is off the table. However, the terms of return should be spelled out clearly prior to the sale and become the focus at this point. If everything they requested was made known in a reasonable manner, they can ask for anything to which you agreed. Restocking fees are reasonable when an item is returned arbitrarily and must be inspected and repackaged. I would not hesitate to balk at a restocking fee for a misrepresented item.
Then comes the pushing and shoving episode. If you paid by credit card, you can stop the payment and put it into dispute. Credit card people are pretty good about coming to a fair decision. Time is a factor. If you made the complaint as soon as you say, the merchant’s delay in delivery might work against them if you could show that the delay was to expire your “timely complaint period.” (As a precaution, when delivery is delayed - cancel the payment. Don’t let time run on your dispute period.)
If your complaint and stop payment notice were timely, it comes down to, “How will this affect my credit?” If the credit card company agrees that the merchant did not act in good faith, the merchant is in a tough spot. You have your money and their furniture. At this juncture send them written notice (registered mail) that they are welcome to pick up their merchandise within a reasonable period (10 days) or you will charge storage AND After 45 days you will assume that they have abandoned the property and will dispose of it. The ball is in their court. Unless you believe refusing payment will do serious harm to your credit, tell the merchant and the credit company, “Take me to court.” Don’t let it get under your skin. Once in a while it is educational to test the system. Think of it as an adventure.
Uncle Jimmy
