Cupps Furniture

Review: On September 14, 2013 I purchased a [redacted] Wallhugger lounge chair (Item:[redacted]) with upgrade Heat/Massage and upgrade Power Recline from CUPP'S Furniture for the Purchase price or $740.94 (Invoice #[redacted]). I was told it would be 3 to 8 weeks for delivery. After 4 weeks I called Cupp's Furniture to check the status of delivery and was told that I could not have both of the upgrade and had to choose just 1 upgrade, I selected one of the upgrades, at which time Cupp's Furniture promptly refunded the price of the other upgrade ($106 and change), for this I am grateful. In mid-November (now 7 weeks) I called Cupp's Furniture again to check the status of delivery and you ([redacted]) informed me that the manufacturer of the item went into bankruptcy and you ([redacted]) offered me a full refund, to which I agreed. On November 22, 2013 I called to check the status of my refund and you ([redacted]) told me that I would not receive my refund until you received your refund from the manufacturer. This sir is unacceptable, I purchased the item from you not the manufacturer, my contract was with you, not the manufacturer. Sir you are violating your own "Satisfaction Guarantee" statement on your website. This is not a return on my part, I never received the paid for merchandise.Desired Settlement: By my calculation you (Cupp's Furniture) owe me $634 and change, at this time I am willing to settle for a flat $600.00, you may keep the $34.00 for your efforts.

Consumer

Response:

The issue/complaint has not been resolved.

Business

Response:

For the

record, [redacted] did sign a

contract. With his signature, he agreed neither to a cancellation nor a refund of his special order purchase. He

also agreed to our merchant terms & conditions of sale with his signature. Admittedly,

the supplier of this special order filed for Chapter 11 Bankruptcy protection.

However, in November 2013, they were purchased by another company with the

Bankruptcy Administrator's blessing. So things got back to normal once again

and their order would have been fulfilled timely within the maximum allowance

time period for special orders as specified under our Delivery Guidelines. We weren't obligated to refund there purchase

in light of this, but decided to honor their request. In the interim, I had

offered [redacted] , who had calling repeatedly, three options: 1) take

delivery of the original recliner they ordered from; 2) pick out another chair

with similar spec.'s (we had 5 other qualifying choices of wall huggers); or 3)

request a refund. [redacted] declined option 1 & 2 and asked for a refund.

She again called later and not being satisfied, she then filed a public complaint

with the Revdex.com and the [redacted] County [redacted] of [redacted].

According

to our terms & conditions of sale, which neither [redacted] nor [redacted]

requested nor read when signing sales contract #[redacted] (copies attached), under

our Cancellation Policy, a full

refund is an option only when the special order delivery date exceeds our

maximum delivery allowance as detailed under Delivery Guidelines. In this case,

using a 30 day business calendar, the maximum date for delivery is January 14,

2014 or 16 weeks. Once that date was reached, as is also detailed under our

Cancellation Policy, please allow up to 30 days for approved refunds to be

processed or February 14, 2014. We will abide by those terms since the [redacted]s

demanded a full refund and have violated our terms.

Mr. [redacted] also agreed with his signature as

detailed under Remedies in our terms

& conditions of sale, that any dispute be settled by a certified arbitrator

pursuant to the Federal Arbitration Act and thereby waive their right to a

trial by Judge & Jury. And that if they file a complaint with any agency,

website, or organization, and said complaint is ruled defamatory and false by a

certified arbitrator, they are responsible for any

punitive & compensatory damages. We intend to pursue this violation in

light of their defamatory actions.

Review: My wife and I ordered furniture for our patio and when we asked where the furniture was made [redacted] stated it was made in the United states in [redacted] and it wasn't it was made overseas when it came to the house two delivery guys carried it into our patio I was not present when the arrive I got there a little later they carried the funiture onto the patio and while I was working on some personal business . I came down stairs and they said they where done I stated I was not messing with the furniture because I didn't know where it went . I signed the ticket without inspecting the Items the next day the cleaning lady notice the coffee table glass had some small chips in it and the leg was fraid. I contacted the store and[redacted] wife stated I needed to call where the furniture came from and I did just that the gentleman called back and advised me that[redacted] should take care of the problem and if he didn't he would . I have e-mails from [redacted] and the wholesaler that I can send.Desired Settlement: I want the glass replaced and the table fixed and not with a color marker like[redacted] wants to do and I dont want to have to pay the wholesaler any money for exchanging the glass

Business

Response:

[redacted],

I tried to be diplomatic with you on your complaint, but you still are pointing fingers at the wrong party. I showed my delivery boys your pictures shortly after you sent them to us and they just shook the heads saying no way did they deliver your order in that condition. In fact, they said you even helped carry some of it in. Furthermore, you signed for it in good condition on our freight bill which clearly states you were given plenty of time by our drivers to inspect everything. It also states that any damages or defects at your point of delivery must be noted on that freight bil and returned at that point for replace or repair at our option. After that point, it clearly states Cupps is not liable for any damages or defects. I sent you duplicates of the complete transaction for your review. They & you would have to be blind not to see the damage you're blaming us for. We noticed dog hairs in your pictures. Ask your dog who done it? As for you misquoting me concerning where your merchandise was made, this has nothing to do with the damage you're complaining about. I can't remember in the 37 years I've been buying rattan & wicker of any American manufacturer producing these types of good in this country. It's always been imported to my knowledge. [redacted] & you looked at a lot of our merchandise when you placed your order, the majority of which was made in this country. Particularly our [redacted] collections. We try to carry as much product made in the USA as possible. So you've got your facts wrong. As for my wife supplying you with the manufacturer's info, she did so because you asked for it. As our freight bill states, any warranty claims for defects in workmanship & materials must be filed with the manufacturer after you have received your order in good condition. They are the final word for handling any these claims. Any non warranty repairs or replacements you are responsible for stated in our Term & Conditions. We, as you know, forwarded your pictures and comments to [redacted] and he responded saying none of your complaints were considered defects in his merchandise. As for your threat to file your complaint with** Attorney General, read our Terms & Conditions under Remedies. You have waived your right to a Judge & Jury with your signatures and agreed thay any disputes between us must be settled by a Federal Mediator.. If you want to pursue this further, a Mediator must be hired. If he fines that you have defamed us in any way, you are liable for damages, both punitive & compensatory plus any expenses we've incurred to hire & defend. Whatever he decides is final with no recourse to appeal. I'm sure [redacted] will defend[redacted] likewise. My offer to fix the leg still stands along with [redacted] offer to send a Free Touch up marker. As far as we're concerned, it looks like your dog gnawed on the table. The glass replacement cost is your expense.

Sincerely,[redacted]

Consumer

Response:

When the furniture was delivered I never checked it nor did I carry any furniture from the truck the delivery guys did all the carrying and unpacking of the Items. When I did notice the furniture defects I called Cupps furniture and was advised by his wife to call the place they got the furniture from in [redacted]. I did as I was told I left a message for a person name [redacted] to call me. He did call me back I explained to him about the furniture and he stated that He was not the one to correct the problem that Cupps Furniture was to fix the problem and if he did not do it he would fix it and then not deal with Cupps furniture anymore if they didn't treat their customer's any better than this. I then contacted the store Cupps Furniture and spoke to them and also was told to send them photos of the problem and did as they requested. [redacted] was paid in full for the furniture and now he doesn't want to stand behind his product has made threats if I proceeded with any complains as you can see in his e-mails an either parties are willing to correct the problem to my satisfaction by replacing the bad product. I also spoke to the one worker and he told [redacted] that I did not check the furniture and I can get sworn statements to that affect if need be, And for him to assume my Canine chewed on it is out of the question because he was not near the furniture and he is kennel when we are not home. And as far as the furniture we were told it was made in the U.S. but it was made out of the country I did mention that too the delivery guys and they stated that [redacted] had told some other people about some furniture that was made in America but then when it was received it was made also outside of the U.S. All I want is my furniture replace with the same product and not have to put up with his run around. This is not the first time I have had bad dealings with Cupps furniture. I see now that my wife and I were wrong in going back to buy from him and it will never happen again.