My question involves a consumer law issue in the State of:
California
Hello all!
I've recently made a purchase a few days ago, and picked up furniture from the distributor directly (they do not do direct to customer deliveries). Upon arriving, I paid for the goods, we inspected a few of the furniture pieces where there was marble, to make sure that the marble was not cracked, and loaded the items up and took off.
Unfortunately the largest item, a dresser, has one of the top corners smashed. The item was loaded with the bottom of the piece touching the bottom of the delivery truck's floor, with nothing laid on top of it. The side that was damaged was facing outward, also not touching anything. My brother helped me load everything up and make the trip, so he is witness that the goods were not 100% inspected (e.g. not all corners of all pieces, specifically the dresser, were not inspected prior to loading them), and also witness that upon opening the box the corner was smashed. We also did both witness the warehouse guy push the dresser up on its side (so that two top corners were touching the bottom of the delivery truck) before laying it on its bottom and final resting position for transit.
I've taken pictures of the item, with it still (partially) in the box before it was removed from the truck to show how it was positioned/loaded, to clarify that the damage was to the top of the unit and could not have suffered damage in transit.
My question is this:
Is there any consumer law specifics that allow for a inspection time frame to determine if goods are damaged? Or any applicable consumer law that is relevant to this situation that will help me give them black and white legal when we are discussing the replacement of this item?
When I called the same day to notify them of the damaged, the person on the line was very difficult and implied that I might not get the item exchanged because they "did not know if I was the one that caused the damage" I feel it is very important to go in with the correct legal requirements of this company to provide undamaged goods for this purchase. The goods purchased were specified as new condition, and there was no "As-Is" warranty applied to this item.
Thank you for any help you may provide! This was a very expensive furniture set so I would be very upset if my brand new purchase was not honored in a ethical fashion.
California
Hello all!
I've recently made a purchase a few days ago, and picked up furniture from the distributor directly (they do not do direct to customer deliveries). Upon arriving, I paid for the goods, we inspected a few of the furniture pieces where there was marble, to make sure that the marble was not cracked, and loaded the items up and took off.
Unfortunately the largest item, a dresser, has one of the top corners smashed. The item was loaded with the bottom of the piece touching the bottom of the delivery truck's floor, with nothing laid on top of it. The side that was damaged was facing outward, also not touching anything. My brother helped me load everything up and make the trip, so he is witness that the goods were not 100% inspected (e.g. not all corners of all pieces, specifically the dresser, were not inspected prior to loading them), and also witness that upon opening the box the corner was smashed. We also did both witness the warehouse guy push the dresser up on its side (so that two top corners were touching the bottom of the delivery truck) before laying it on its bottom and final resting position for transit.
I've taken pictures of the item, with it still (partially) in the box before it was removed from the truck to show how it was positioned/loaded, to clarify that the damage was to the top of the unit and could not have suffered damage in transit.
My question is this:
Is there any consumer law specifics that allow for a inspection time frame to determine if goods are damaged? Or any applicable consumer law that is relevant to this situation that will help me give them black and white legal when we are discussing the replacement of this item?
When I called the same day to notify them of the damaged, the person on the line was very difficult and implied that I might not get the item exchanged because they "did not know if I was the one that caused the damage" I feel it is very important to go in with the correct legal requirements of this company to provide undamaged goods for this purchase. The goods purchased were specified as new condition, and there was no "As-Is" warranty applied to this item.
Thank you for any help you may provide! This was a very expensive furniture set so I would be very upset if my brand new purchase was not honored in a ethical fashion.
Consumer Law Issues: Received Damaged Furniture: Applicable Consumer Law
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