Legal Question in Business Law in Arizona

We bought furniture from Ashley furniture and we haven't picked it up. Now I found some sofas for a reasonable price with a different company. I asked for a refund with Ashley and they are charging us a restocking fee. The thing is it doesn't state anything like that on the receipt. what can I do?

Asked on 3/04/12, 4:36 pm

1 Answer from Attorneys

Jeremy Claridge Byrne & Benesch

They already have your money. All you can do is try to negotiate the restocking fee. Restocking fees are customary and range anywhere from 5% to 20%. Remind them that he furniture is not taken from the box and if it was housed in-store then there is no transfer fees between stores. If they have a 20% restocking fee then their cost is less than if you took it home, opened it and didn't like it and then took it back. Ask for their manager and see if he'll settle for less. If he/she won't, ask if they will still take it back if you take it home and see how it looks in your house and then if you don't like it will they still take it back? If they will, get it in writing, and make it clear that you're brining the furniture back opened and that their might be some normal wear and tear and that the furniture cannot then be sold as new, unopened from the box, wheras they could just reduce your restocking fee to something reasonable now and avoid this inconvenience altogether. If that doesn't work, don't take possession of it, just pay the restocking fee. The key is: If you don't want the furniture, don't take possession of it because then there is a completed contract and you will be stuck with the furniture. Ashley is notorious for selling over-priced furniture and then sticking it to the customers. Check out BBB for similar complaints like yours. I will admit though, even though it is over-priced, it's pretty nice stuff.

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Answered on 3/05/12, 7:02 am

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