Bernie & Phyl's Furniture

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does satisfy my issues and/or concerns in reference to complaint #[redacted]. I understand that by choosing to accept the business response that my complaint will be closed as resolved. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below. 
I do understand that you have guidelines you need to follow. I have had numerous miscommunications and issues when it comes to customer service giving me incorrect information regarding issues with my mattress, so I would expect no less when it comes to the furniture.  Both my mother and I on 2 separate occasions were promised we would NOT have to go thru the trouble of having a technician come out again as we were talked into giving the furniture 1 more shot and if we had any further troubles we would receive a store credit and they would come get the set...NO questions asked.  They knew we were extremely upset with the furniture but still convinced us to try one more replacement.  You are not following through with what 2 separate representatives told myself or my mom. The first replacement was the couch where I received a pretty bad open wound from.  The second replacement was when someone sat in the recliner for the first time after a tech came out and repaired it and fell backwards out of it because the entire back broke off.   When the tech came to take the couch, I made him test out the reclining portion to show him how hard it was to close and he said it seemed like a defect.   This is what is happening yet again.  It is not right or fair. This is NOT the quality of furniture I want in my home with small children and a disabled parent.  It is poorly made and I want my money back so I can get replacement furniture like we were promised.  We should not have to wait nearly another month to have someone inspect the furniture.  I've read numerous complaints on consumer warning websites this is a tactic used so you don't have to provide a replacement or honour the warranty.  If your customer service representatives do not have the authority to advise customers we can obtain a refund, with no problems (after all the previously documented issues) they should not be handling these types of issues.  Her name was [redacted] when I spoke with the main 800 number. On 9/15/15. My mom spoke to someone directly I the Saugus store prior to my call to the main number.
Regards,
[redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted].
[I am rejecting this because if you look at the warranty on there website I should be able to get a new couch. No where in the warranty says that we will order parts and the customer has the put them on. The only reason they made a date for a tech to come out is because I told them I was going to take legal actions and they said "go ahead". Yes on the 26 there was a call made to my husband phone. He rescheduled it because we work during the week. This has been the worst service I have ever had. If you need pictures of the couches I am willing to provide them. I feel like I paid for something and it is being  false advertised. ]
Regards,
[redacted]

[redacted], our fleet manager, has left multiple messages. We are looking to get in touch to get this resolved, but certainly need to be in contact to do so. [redacted] will reach out again.

The refund has been processed back to the [redacted].

no one from bernie &phyls has contacted me  im not sure if your saying  they are going to or not I would be willing to talk with them to resolve this issue
Regards,
*** ***

This order was special order merchandise. As stated on the receipt, special order merchandise is not returnable. Two technicians were sent out to the home, both stated the issue was a comfort issue, not a defect, and offered to add fill to the back cushions to adjust the comfort level. We will allow...

as a one time courtesy for the customer to return the merchandise for a refund. Please under stand going forward special order merchandise is not returnable. The customer can contact us at [redacted] to schedule the pick up.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted].
 
Regards,
[redacted]

I apologize for any confusion. The manufacturers warranty is a 1 year warranty. You did purchase a 5 year warranty for stains on the fabric. We will have the defective cores ordered for you as a 1 time courtesy. We will call to schedule for a technician to go out to your home to install those cores...

when they come in.

All promotions have been sent out to the cusotmer. The store manager reached out mulitple times to [redacted]. Once I had spoken with [redacted] it was no longer necessary for [redacted], the store manager to reach out. There is no need for multiple people to be handling the same issue.

We apologize for any trouble. When the drivers arrived at the home, the gentleman who was at the home was unsure what the customer wanted to accept and what he did not want to accept. So he took photos and sent them to the customer. When he did not get a response he told the drivers they could leave...

the merchandise and when the customer got home he could decide what he wanted to keep and what he wanted to return. He signed for the delivery and the drivers moved on. The customer called the driver about an hour after they left looking for them to go back. At that point they had moved on to other customers and were no longer in the area. We do have a pick up scheduled for this coming Saturday with no pick up charge.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted]. Please add your rejection comments below. 
It was not a return. A return is when you are refunded back your money and allowed to purchase furniture at any store. What bernie and phllys did was allow to for a re selection that should have been for the same value of the first couch with sales tax included. I called several times to report issues with the couch that bernie and phylls ignored until my sons leg got cut by one of the pieces of metal that was sticking out of the foot rest as he walked by. The above does not apply to defective merchandise. Under M.G.L. C. 106 §2-314, §2-316A, by state law merchandise comes with an automatic warranty which says that the product will function normally, for its intended purpose, for a reasonable period of time. This is the implied warranty of merchantability. If the product is defective at purchase, or becomes defective during the period of the implied warranty, both the seller and the manufacturer are responsible for making it right. For defective goods, it is the buyer's option for one of the following: refund, repair or replacement under the implied warranty. It is illegal for a merchant to sell a product "as is" in Massachusetts. A store's regular return policy does not apply in the case of defective goods. I made bernie and phylls aware of the defected merchandise well within than one year time frame. I would be asking that the sales tax from the original purchase be refunded as well. Why should the buyer be responsible for poor merchandise and loose out on money 
Regards,
[redacted] And [redacted]

We have had 2 technicians out to the customer's home. Both technicians have stated the set has no defects, but rather normal settling of the cushions. The back cushions of the set have loose fill and therefore can be fluffed and may require some fluffing to maintain the shape. There are multiple...

stains and the parts have been ordered and are in the customer's home.

The money is owed to [redacted]. The agreement was made between [redacted] and the customer. [redacted] is who is billing the customer, and who all payments are made to. Bernie & Phyl's Furniture has no part in this dispute.

I apologize for the trouble. I do see that we have an exchange order in the system for the customer. Unfortunately we do not  currently have that sofa in stock. We will contact the customer to schedule once it becomes available. The customer was presented with other options including keeping...

with a discount. The customer certainly has the option to select to something different, or even return for a refund.

The customer did have an issue with the wooden slats under the mattress and box spring breaking multiple times. We have since sent out a metal support at no charge to the cusotmer.

The customer was offered a reselection in the amount of $3473.99, which included the monies paid for the leather protection warranty. The cost of the new sectional was $2621.18, which included the cost of the leather protection warranty. They also purchased the ottoman on a seperate sales order for...

$434.55, again including the leather protection warranty. There was no delivery fee for delivery of these items. The remaining difference of $418.26 was refunded back to the customer's finance account.

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does satisfy my issues and/or concerns in reference to complaint #[redacted]. I understand that by choosing to accept the business response that my complaint will be closed as resolved. 
Regards,
[redacted]

Revdex.com:
I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # [redacted].  
[Thank you for your apology.  As previously stated, I allowed for more than double the time advertised and Bernie & Phyl's did not fulfill their part of the contract entered into on August 20.  I've also lost trust and confidence in Bernie & Phyl's because of the mis-leading advertisement and employees who repeatedly ignore their customers, which forced me to contact the Revdex.com.  As I told [redacted] (Mgr Customer Care) on the phone and her (and multiple colleagues via email) on November 21, I do not trust what Bernie & Phyl's would or would not include in the box of "pillows".  I would have gladly accepted the pillows from [redacted] during the timeframe originally promised.  In fact, I made my purchasing decision on August 20 baed on these promotions.  Again, it's not okay for Bernie & Phyl's to advertise one promotion and not deliver it as advertised.  This violates consumer protection laws.  I again respectfully request fair compensation for the promotions ($100 spa and $198 pillows) I did not receive as advertised.  Thank you.]
Regards,
[redacted]

The pick up has been completed and the refund was submitted to the finance company.