Last June, my fiancee and I bought a dining room table from a store of a nationwide furniture company. They first told us it would be delivered in August, then later said it wouldn’t be until October. They did, however, charge the full amount to our credit card immediately after the order.
We have now decided we just don’t want the table, and would like to cancel the order and get our money back.
First question: Do I assume correctly that we are well within our legal rights to do that (cancel the order I mean)? Both the sales person and the manager of the store gave us a very hard time, saying that since the factory had started to make the table it was too late to cancel it (the table is not custom made in any way, just had to be backordered, apparently). Second half of first question: Does the law set any limits on what can be charged as a “restocking fee”?
Second question: If it happens that the table is delivered before we get this straightened out, which is the best course of action: To accept the delivery, don’t open anything, and then try to return it? Or just refuse the delivery?
Oh, we live in California, if that makes a difference.
Since the purchase is on the credit card, call the credit card company and ask them to open a billing dispute with the furniture charge. The rep will ask questions over the phone–did you talk to the merchant previously, did they send the item, has it been past the original date of delivery, those sorts of things. Most times, the card issuer will give a temporary credit, send some paperwork for you to sign and send back, and then will go through a chargeback procedure with Visa/Mastercard and the bank that the merchant deals with. Meaning, you don’t have to put up with more hassling from the merchant.
Or you can write to the card company…takes a bit longer though.
Even if things work out in your favor with the merchant–they send the table and you love it and keep it, or you can cancel the order and they give you a refund, or you send the table back and get your money back–no harm done. The dispute also ensures that if the merchant doesn’t comply with your wishes, that you have a chance of seeing your money back.
You want to do this quickly…most credit card companies have a 2-3 month limit on disputes.