ComplaintsforThe Comfortable Chair Store

• Initial Complaint

  03/09/2023

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  I am writing on behalf of, and authorized by my **** Mrs. ******************** regarding a request of a full refund from the Comfortable Chair Store, for the purchase of a Custom Order (prescribed) ************* Lift Chair on January 14, 2023 in the amount of $3,426.45 plus delivery costs of $89.00. The Comfortable Chair Store noted on the receipt and in writing that the agreement was for a Custom Order Chair that would be delivered in 8 to 10 weeks.As a Custom Order, the Comfortable Chair Store and the Owner required ***************** to pay a deposit in the amount of $1,713.22. The Comfortable Chair Store is in breach of the agreement as they called Mrs. ******************** on January 23, 2023 and advised her she needed to pay the remaining balance as a chair was found in the warehouse and they pushed for immediate payment. I spoke with ****** who advised the chair was found in a warehouse.The Comfortable Chair Store and the Owner, *************************, also doing business under ******** ******* ******** *** is in breach of the agreement by failing to deliver a Custom Order Chair and delivered a defective chair within a week that was located in a warehouse and contacted the New Looks Repair Store to repair the defective chair. *************************, the Comfortable Chair Store and the staff, ******** and ****** were advised within 1 week that the chair was defective and caused medical harm to ***************** and we requested immediate removal and replacement was requested. The staff, ****** advised me that the chair delivered was not a custom order but a chair found in the warehouse.Due to lack of responsiveness after multiple calls, emails and visit to the store, lack of respect and failure to follow Duty of Care and attempt to fraud and intimidate a disabled elderly person by *************************, and the Comfortable Chair Store we are requesting an immediate full refund in the amount of $3,515.45 and removal of the chair from Mrs. ******* home upon a mutually agreed upon date and time.

  Business response

  03/15/2023

  We appreciate the opportunity to respond to this complaint, which seeks a refund for the purchase of a lift chair that the customer agreed in writing in the sales contract was was non-refundable and could not be exchanged. The facts from our records and those of our business partners, and from our communications with the customer, differ greatly from the allegations that have been made against the store, its owner and the employees.
  
  Since we opened in ****, we have always accepted responsibility when we have made errors, but in this case we cannot find any evidence that we made any mistakes or acted inappropriately: we followed our standard protocol to fulfill the terms of the written contract to deliver a custom-ordered lift chair, and we responded in a timely manner to customer communications after the ********************** was delivered. Contrary to the complaints suggestion, at no time did we act dishonestly or rudely towards this customer. This dispute arises from the fact that we refuse to agree to the customers request to refund a non-refundable purchase.  
  
  Our sales contract requires customers to initial their agreement to four terms, the first of which states that: "I understand that LIFT CHAIRS, CUSTOM ORDERS & DISCOUNTED FLOOR SAMPLES MAY NOT BE EXCHANGED OR RETURNED. In the event of a manufacturing defect, or for service on issues under warranty, I will immediately provide details and photographs to the retailer, who will handle any necessary paperwork or communications on my behalf." 
  
  The business reason for this contract term is two-fold: 1) we do not sell used furniture or home furnishings due to hygienic concerns, and 2) we are contractually bound to pay for custom-ordered goods from a manufacturer, once an order has been placed. Contrary to the customer's complaint, the lift ********************** was a custom order and was noted as such on the sales contract, for which we require a 50% down payment, with the balance due prior to the customer taking possession.
  
  During the first week after the customer received her lift **********************, she acknowledged to us that despite being disappointed, she understood that the chair was not returnable. After this, we began receiving communications from the customers two daughters, who had been with her in the store at the time of the purchase; one first asked for an exchange, and then for a refund for the non-refundable purchase. No claim of a "defective" chair was ever raised until more than four weeks after the customer had received it, and then only after we attempted to have the chair inspected, as per the manufacturers warranty. 
  
  Even when we received this tardy claim that the chair was defective, the customer refused to provide any details or even photographs to show how the chair was, allegedly, defective. So we could not investigate the claim or explain it to the manufacturer, who has the right to inspect any claim of defects, in order to remedy those defects if possible, and if repair is not possible, replace the chair. 
  
  Our store has specialized in custom-ordered furniture since ****. We have sold many thousands of pieces of furniture and have never once heard of medical harm caused by sitting in a lift chair. Since neither our store nor the manufacturer has been made aware of any actual defects in this chair, and the customer has resisted our request to have an independent third party examine the chair, we are at a loss to understand how we have failed in a duty of care to this customer.  
  
  Our ********************** had 14 different styles of lift chairs in the showroom the day the customer and her two daughters travelled approximately 25 miles to make this purchase. The customer was assisted in her selection by both daughters and two experienced sales associates. The sales staff urged the customer to sit in as many *********************** as she wished. The customer decided which lift ********************** she wanted, and both daughters appeared to support her decision to order a top-of-the-line chair in a premium fabric with the most adjustable features available. 
  
  In making her choice amongst our offerings, the customer was articulate, discerning and confident. In the presence of her daughters, a sales associate reviewed with the customer our policy, noted in bold type on our sales contract, to verify that she understood that the chair could not be exchanged or returned. In fact, on the same day, one of the customers daughters selected another item and signed a sales contract containing the same term that no returns or exchanges would be made. 
  
  A carbon copy of the sales contract, which is the customers receipt, verifies that the chair was a custom order that we did not have in stock. Contrary to the customers claim, there is no delivery date written anywhere on the sales contract. Our records show that the customer paid us $3,179.99, not $3,426.45, for the chair. An outside company, not the store, charged separately for its white-glove delivery service.  
  
  The complaint states that a chair was found in a warehouse, implying that a second quality product was delivered. This is not so. A senior executive with the lift chair manufacturer confirmed in writing that the chair arrived sooner than was estimated because the manufacturer happened to have a new chair in the style and in the fabric ordered, at their factory and ready to ship. The manufacturer also confirmed that it does not sell used chairs. This manufacturer is the largest maker of lift chairs in the country, and often has products available matching the specifications of products custom-ordered from retailers like ourselves. In our long experience, we have never known this manufacturer, or any manufacturer from which we buy, to knowingly ship a defective product, as is suggested by this complaint. But again, the customer has not provided details or photographs or allowed the chair to be inspected to show in what way she claims it is defective.
  
  When the chair arrived sooner than anticipated, we called to collect the balance owed, as is customary in our industry. We apologize if the customer felt that we pushed for immediate payment. In fact, we were trying to finalize the transaction, so that we could send her information to the delivery service, in order to get her chair to her as quickly as possible. The customer then received the ********************** at her home, signing a delivery document in the presence of the delivery team of an independently-owned delivery service to verify the chair was delivered in undamaged condition and fully met her expectations.  
  
  To be clear, the customer told us by phone within a week that the chair was not comfortable, but she made no mention of a defect of any kind, as now claimed. We then received a follow-up email that mistakenly suggested that the chair had not been custom-ordered. We responded in less than 48 hours to both her call and the email.  
  
  We then heard nothing further for three weeks, until one of the customers daughters came to the store, believing, mistakenly, that we had not responded to communications from her mother. Upon learning that we had responded, the daughter commented that the chair seat felt hard. We immediately offered to have an independent furniture technician inspect the chair per the manufacturers warranty. Despite our repeated efforts to expedite an inspection of the chair, the customer would not permit it. Instead, we received an email from the customer's other daughter that first asked for an exchange, but then claimed the chair was defective, without any further details or description, and threatened action if we did not provide a refund. Again, neither the customer nor her daughters ever claimed that the chair was "defective" until after we twice attempted to have a technician inspect the seat. To this day we have not received any details to describe or support the claim. 
  
  We are very sorry that this customer is disappointed with her lift **********************. As a long-time local business, a complaint such as this, written to obtain a refund when the chair was sold as non-refundable, is distressing to all of us at the store. To further be falsely accused of fraudulent actions towards an elderly customer is unspeakably offensive. At the end, we stand by our no-refund, no exchange policy on lift chairs, as spelled out in the contract.

  Customer response

  03/16/2023

  Dear Better Business Bureau,

  Please refer to the attached email communication chain which reflects ongoing requests for remediation.  In addition, multiple calls were made to the store requesting a call from ***** for resolution, and to date, no call have been received over a 3 month period of time.  I spoke with both ****** and ********, as well as a visit made to the store seeking resolution.

  I spoke on the telephone with ******, staff of the Comfort Chair Store, and ****** stated, "A chair was found in the warehouse" and immediate payment was requested.    

  The terms of the contract were for a custom ordered chair, hence requiring the deposit and the box, "Custom Order" is selected on the receipt. As ***** stated, 4 people witnessed the transaction and the notification that custom order chairs take 8 to 10 weeks.  All will validate the transaction as stated.

  A defective "found in warehouse" chair was delivered and we again are requesting an immediate removal of the chair and a full immediate refund as the only resolution given the lack of respect, honesty, integrity and failure to follow "Duty of Care" by delivering of a defective medically prescribed electric lift chair that cannot be used, and refusal to remediate.  

  We will never do business with the Comfortable Chair Store nor recommend based on our experience, nor recommend Historic Roswell Shoppes, LLC.

  Please feel free to call me at ************ if additional information is needed.  Time is of the essence.  

  Regards,

   ****** Family

   

   

  Business response

  03/22/2023

  We are unable to see on our computer the attached email communication chain referenced in this customers response. We would therefore like the opportunity to review these documents with the BBB and to upload our own (with BBB's assistance), if necessary, since the previously uploaded sales contract by the customers daughter omitted material facts of a price reduction and also obscured the customers initials on the sales contract that specifically verified her understanding of the terms of this non-refundable purchase.
  
  Also, please note that the chair was delivered less than two months ago, so there has not been ongoing communication over a 3-month time, as claimed. 

  The customer and her daughters continue to seek a resolution while seemingly ignoring the fact that the order was placed for the customer only after the ********************** had a signed contract in place that verified the customer understood that it was a non-refundable purchase. 
  
  Two lengthy letters have been sent to the customer by email, the first on February 4, and the second on March 1, reiterating that the signed contract would be enforced because: 

  1) She signed a sales contract that clearly stated that her custom-ordered lift chair was NOT returnable or exchangeable in the presence of two daughters. 

  2) Contrary to any claims made by her daughters, no employee ever stated this was not a custom order. This was a claim put forth by a daughter in an email under an inaccurate assumption. The fact is four different companies can produce documentation to attest to the fact that this was indeed a custom order.

  3) We delivered the exact lift chair that she custom-ordered. It should be noted that this chair was not medically prescribed at the time of purchase, as claimed, which is why it is not noted on the original sales contract that the customer signed. 

  4) She signed the delivery document to verify the chair was received by her in good condition, and that it met her expectations, in the presence of the delivery team employed by an independent white-glove delivery service. 

  5) The first time the store was made aware of a potential, but unverified, defect was not by the customer, but by a daughter who said that the seat felt hard 32 days after the customer received the **********************.  

  6) We responded immediately by offering to send an independent technician to the home to inspect the chair, but the customers daughter said she would prefer to contact him at her convenience. After the technician had not been contacted by the family for four days, we were diligent in trying to collect evidence of the claim by asking the technician to contact the customer directly.

  7) The technician then informed us the customer refused by phone to allow him to inspect the claim on behalf of the store and the manufacturer. Therefore, there still exists no evidence of any defects, which was also an agreed upon condition in the sales contract. 

  8) It is certainly not a reflection of a retailers disrespect, honesty, or integrity to expect a customer to honor a contract they signed that clearly stated they would not receive a refund on a non-refundable purchase. 

  9) It is certainly not a retailers failure to follow a duty of care if a customer refuses to allow them the opportunity repeatedly to verify her claims so they can take appropriate action.

  We are truly sorry this repeat customer is so unhappy, but in the presence of two daughters, she initialed and signed our sales contract to verify her understanding and acceptance of our terms, which clearly spelled out in bold, capitalized letters that we do not refund or exchange custom orders or lift chairs.

  Customer response

  03/22/2023

  Truly unfortunately to see the lack of humanity, and "Duty of Care" to ensure the health and well being of a loyal customer who has purchased multiple *********************** from your store *****.  So we are well aware of what a fulfilled contract entails based on the terms of agreement. 

  ****** is a long standing, very knowledgeable and honest employee of the Comfortable Chair store, and operates with the highest integrity and is well aware, that the chair was found in the warehouse as she stated to me personally on our call and will attest to the truthful statement. 

  Please reference attached documents with all email communications accurately and factually depicting all communications. which were timely documented. Immediate removal of the chair requested and a full refund.  Time is of the essence.  

  Business response

  03/27/2023

  This is our third response to the BBB regarding this customer, who has made multiple, unspeakably offensive allegations against us in an effort to compel us to provide a refund for a lift chair that was known to be non-refundable at the time of purchase.
  
  This chair was the second one the customer purchased from us that was made by the same lift chair manufacturer, which is we believe to be not only the largest in the country, but also in the world. As a result, they are sometimes able to fulfill custom orders from retailers like us with brand new, ready-to-ship chairs that are picked up from one of their warehouses by a long-haul trucking company. When this occurs, customers benefit by receiving their orders faster that we may have estimated. Since this manufacturer does not accept returns, they only ship new and unused chairs. No one at our store has ever made claims to the contrary about these standard practices within the furniture industry. 
  
  We stand by the facts and sequence of events we have previously stated. If required, we will provide the BBB (with requested assistance) with extensive supporting documentation from the five different companies that were involved in assisting this customer either before or after her purchase: 1) the store, 2) the manufacturer, 3) the trucking company, 4) the receiving and delivery service, and 5) a furniture technician.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩