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purchase contract (to purchase furniture from a franchise store)

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  • purchase contract (to purchase furniture from a franchise store)

    California. I signed a contract to purchase furniture from a franchise store(the store is closing but not the chain). There are signs throughout the store posting all sales are final. The contract also stated all sales are final and there is a 25% restocking fee for special order. The designer picked the furniture form the show room and one piece from the catalog for our home lay out and I signed the contract the same night and paid half the purchase with credit card. I was supposed to call call back to set delivery date and pay the other half at delivery. I went home and came to the realization that I went beyond my mean. I called the next day to ask to cancel the contract and offer to pay for the designer's time but was told that it is against company's policy. The store offered to exchange for other items equal to the total amount but my problem is the purchase is over my ability to pay the credit card. I came back to the store in person to plead with the designer and was told that he will ask his superior and will call me back. What are my options if the store will not cancel contract.If the store agrees to cancel contract but want to charge restocking fee, will it be the restocking of the one piece that was from the catalog since the other pieces are already from the show room and they did not have to restock. I made the mistake of not thinking carefully and at the store's mercy. Please advise.

  • #2
    Re: purchase contract (to purchase furniture from a franchise store)

    You could try if possible to argue that the furniture is not acceptable or not what you selected or agreed to--that would void your obligation in some cases.

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    • #3
      Re: purchase contract (to purchase furniture from a franchise store)

      Your first mistake was not having a firm agreement with your designer on how much of a budget you could afford. If you have a contract with your designer, and there is an amount in it that states how much he can take liberty with, then your beef is with him/her, and not the store. The store is an uninterested third party.

      You may have to pay for the purchases but then take the designer to small claims court for overspending your money. But if you did not have an agreement on money( this should be in his/her written contract, and something this designer should know, if they're ethical), then you are stuck paying for the purchases.

      If the furniture is not what you wanted, you can negotiate with your credit card company that you tried in good faith to rectify the problem but the merchant would not cooperate. Let your credit card's legal department help you get the money credited back to your account.

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