Well I just filed a complaint with the online Better Business Bureau. Tomorrow the Dept of Consumer Affairs , a NYC govt agnecy that is a watchdog over company abuses of the public trust.
COMPANY OR ORGANIZATION INFORMATION:
Levitz Elmhurst Store
86-08 Queens Blvd.
Elmhurst, NY UNITED STATES, 11373
Date Received:11/16/2005 4:04:05 AM
Primary Complaint Classification: Delivery Issues
Secondary Complaint Classification: Refund Practices
Before I purchased this couch I measured my doorway and then made sure I got one that would fit thru the door. Sometime in early October I was informed by phone that there was delay in delivery and that it would arrive Nov 23. I wasn't happy and at the time didn't know my rights for what I could do to remedy the situation, but I wanted the couch since it is the 1st couch that I have ever bought and thought whats a few more weeks to wait for something that I spent time picking out at the store and discussing delivery ?'s that I had with the salesperson. For example what is a good couch to buy that would fit into my apartment. There is one flight of needed to be taken stairs located outside next to the driveway. The main door to the house measures-33x82 , leads into a small vestibule-49x38x101, my apt door which is to the right as you enter the house measures-31x80. The salesperson told me that the delivery people were expert and would be able to fit my couch in by taking off the legs or other things to get it delivered. I was happy to hear and so went ahead and purchased it in full using my credit card. Finally when they told me that the couch was being delivered on Nov 15 I was happy and made plans to be home. They showed up within the time promised. As soon as I opened the door the delivery man was telling me he couldn't deliver my couch that it won't fit and could he borrow my tape measure which he saw in my window, I said yes, he measured and repeated that he can't deliver the couch to me. I said take it out of the box and bring it up and not to worry that it would fit. He told me that they can't deliver the couch that way for fear that I would send it back if it was damaged, I wasn't worried and just wanted my couch perfect or imperfect. I wasn't going to allow them to just leave it on my porch and told them to keep it on the truck. I think they were tired and didn't want to work. They then told their supervisor I refused delivery. called the store and was placed on hold after tryi
Desired Settlement: Replacement
Called the store talked to Martha, she then transfered the call to manager who debated with me my version of the events and then placed me on hold for awhile. I got frustrated and hung up. I just want my couch without additonal charges or a full refund.
Customer Service Rep: Ms.Martha Pagan,
Product or Service: Queen Sleeper w/rev chaise
Model Number: Item# 26431780L stock# 17800B
Order Number: gard3222
Payment Made: Yes
Purchase Price: 1347
Disputed Amount: 0
Payment Method: Credit
Purchase Date: 9/21/2005
Problem Date: 10/11/2005
Complaint Dates: 11/15/2005
The bureau that will handle your complaint is:
BBB of Metropolitan New York
257 Park Avenue South
New York,NY 10010 -7384
I really wish I got this before purchasing the couch.
Wednesday, November 2, 2005
KNOW THE STORE'S RETURN POLICY AND YOUR DELIVERY RIGHTS
Every year the New York City Department of Consumer Affairs (DCA) receives hundreds of consumer complaints about furniture stores. New Yorkers spend hundreds, often thousands of dollars of their hard-earned money on new dining room sets, sofas, and more. Sometimes the items never arrive, or they're broke, or not what was ordered. The DCA's staff mediators secured more than $100,000 in restitution last year for aggrieved consumers.
By law, furniture retailers within the five boroughs cannot sell used items as new or run deceptive promotions. They also must either post a clear refund policy or give consumers a full refund within 20 days, and must comply with agreed-upon delivery dates and times.
The DCA recently cited four major furniture retailers for violations of the Consumer Protection Law. Read the press release for more information on what penalties SLEEPY'S, JENNIFER CONVERTIBLES, CALIDAD, and VIVA CASA could face.
Here are some tips for consumers who buy furniture in NYC:
If the merchandise is not delivered by the delivery date, consumers have a right to:
Cancel with a full refund
Get a new delivery date
Receive a credit, or
Select different merchandise.
**This does not apply to "custom made" furniture, or if the delivery failure was caused by the consumer.
Refund Policies - Know Before You Buy: Stores can set the conditions of their own refund policy, but it must be posted clearly and conspicuously near the cash register or point of purchase. If a refund policy is not posted, by law consumers have a right to a full refund within twenty days.
Damaged goods: If the items that are delivered are damaged, consumers do not have to - and should not - accept or sign for the delivery. Once the delivery is refused for damaged furniture, you cannot be held liable for payment.
Never pay the full amount before delivery.
Be wary of catalog and Internet sales: Catalogs and websites only show what items may look like, but don't allow consumers to test the quality. If ordering from a website, be sure to purchase from a reputable business, and one that has a physical store location or showroom.
Check the complaint history of a business: Call 311 (or 212-NEW-YORK) to check on a furniture store's complaint history with the DCA.
To file a complaint, call 311 (or 212-NEW-YORK) or visit the DCA online at www.NYC.gov/consumers.
The New York City Department of Consumer Affairs