EuroFurniture

Initial Business Response /* (1000, 5, 2014/08/07) */
[redacted] purchased this mirror on our website. [redacted] was informed in writing several times that she must open and inspect the mirror before signing for the shipment and that any issues (loss, damage, etc.) must be noted on the delivery...

receipt. As you can see by the attached delivery receipt, immediately under where it states "Received by Consignee in Good Order Unless Noted Below" where [redacted] signed and printed her name.... and there are no notes about any damage.
Customer can see out policies at anytime on our website. (look in the footer at the link labels "shipping").
First, look at the item page on our website: http://www.eurofurniture.com/diamond-wall-mirror-products-[redacted]5.php
When the customer is looking at the item page on our website, it clearly states that the mirror ships via Air Freight (a curbside delivery). Please see attached document showing this.
Then again the customer is made aware of delivery terms and conditions during the checkout process. When anyone makes a purchase on our website we require that they check a box acknowledging that they "agree to all terms and conditions of EuroFurniture." Part of these terms and conditions is that for all deliveries made via Air Freight are all curbside deliveries and to inspect all goods BEFORE signing for the shipment. Any loss or damage MUST be noted on the delivery receipt. Please see attached document showing this.
Once again the customer is made aware of our terms and conditions during the next step....
When the order is completed online, the customer is immediately emailed their first confirmation. Once again this confirmation details all of our terms and conditions. A copy of this email is attached.
And yet another place where instructions for receiving delivery can be found... It is also noted on the customer's invoice (page 2) that the delivery is a curbside delivery and that the mirror would be shipped in a wooden crate on a pallet. Also in the "invoice notes" section is again instructions to "open and inspect all goods BEFORE signing for the shipment. Any issues (loss, damage, etc.) MUST be noted on the delivery receipt.
So, [redacted] was fully aware of our policies. She could not have placed the order otherwise. She checked the box that she accepted the terms and conditions of EuroFurniture. If she did not actually read that, how can that be our fault? If I get a speeding ticket but did not bother to read the Speed Limit sign am I not still responsible for that speeding ticket? Just like the law, ignorance should not be an excuse.
Not, as far as the claim. We have filed a claim with AIT Worldwide Logistics for the damaged mirror. We expect AIT to deny this claim because [redacted] signed for the shipment without exceptions. However, we did state that if AIT does honor the claim, we will indeed refund [redacted] in full... again, ONLY IF AIT HONORS THE CLAIM.
As far as out packing... the mirror was in a wooden crate on a wooden pallet. The packing more than sufficient to protect the mirror.
Lastly another reason that we require all goods to be inspected BEFORE signing for the shipment is that EuroFurniture cannot take responsibility for damage that may have occurred after the customer received the goods. EuroFurniture is able to prove that the item was delivered in good condition with [redacted]'s signature on the delivery receipt without exceptions. This proves that she received the mirror in good condition.
If [redacted] did not take the time to read the terms and conditions on our website (that she agreed to by checking the box at the time of checkout)... if she did not take the time to read the terms and conditions on the confirmation email... if she did not take the time to read the invoice notes on page 2 of her invoice....if she did not read the delivery receipt that she signed.... then the responsibility for this clearly rests on her shoulders. We made every attempt to make her aware of how this was being delivered and what to expect and what would be expected of her at the time of delivery. Apparently she choose to ignore all of that.
Please feel free to contact me with any questions.
Best regards,
-[redacted]
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2014/08/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The delivery was not only six weeks late in breach of representations made by the merchant, but on the date of delivery EuroFurniture's agent brought the crate outside of the hours specified. As a result, I was the only adult home, with a 6 week old. EuroFurniture's agent (AIT) did not allow inspection of the merchandise upon delivery, in breach of the instructions given to the delivery men, which direct them to await inspection before consignee signs. Instead, the delivery man demanded a signature immediately and was in a rush because his partner was "watching the truck." Meanwhile, Eurofurniture also does not allow for returns without pre-authorization, so no refund would be offered if I didn't "accept delivery." Improper packaging or handling along the way - for a very fragile product resulted in the mirror breaking, but there was no discernible damage to the exterior of the crate. The bill of lading tells the delivery men "do not uncrate," yet that task which took two people (myself and my husband) more than an hour that evening was the only way to discover the mirror had broken in transit. [redacted] may refer all he wants to the allegedly exculpatory fine print he claims to have made me so aware of during the transaction, but the fact is Eurofurniture or its agent broke the merchandise, gave me no opportunity to either inspect it or refuse delivery (since that would apparently give me no recourse to a refund either), and now presents as a foregone conclusion that its agent will deny any claim, even after its agent acknowledged over the phone that the delivery was conducted improperly.
As someone who has owned and built a business myself, I certainly understand that businesses like EuroFurniture must impose some conditions to protect themselves. A contract should protect both parties, and is always based on good faith. In this case, EuroFurniture's business practices stack the deck against the customer - it's heads I win, tails you lose.
To boot, [redacted] raised his voice at me when I reported the mirror broken and asked for his help. [redacted] and its agent still have the opportunity to make things right, and they ought to, in which case I will happily withdraw my complaints and negative reviews. Meanwhile, I have the inconvenience of an enormous crate in my living room.
Final Business Response /* (4000, 9, 2014/08/18) */
The mirror being late has no effect on this matter. That not is a breach of contact. It is clearly written in term and conditions that all lead times are estimated and never guaranteed.
As [redacted] wrote above, the delivery agent is to await inspection before consignee signs. Should the consign choose to sign with out inspecting, that is the customer right to do so. [redacted] against the instructions we provided on how to receive the shipment. This is exactly why we give clear instructions to "open and inspect before signing for the shipment. Any issues (loss, damage, etc.) MUST be noted on the delivery receipt." This issue was addressed ad [redacted] in our previous response.
[redacted] also claims both improper packing AND that it took her and her husband an hour to uncrate. Well , which is it? It can't be both. The glass mirror was shipped in a wooden crate on a pallet. Packing was more than sufficient.
[redacted] writes above that the bill of lading state "do not uncrate" this is NOT TRUE. No where on the bill of lading is it written "do not uncrate".
The customer is obviously searching for some sort of technicality to excuse her from the fact that it was her responsibility to open and inspect the mirror before signing and no one else's.
Once again, [redacted] had many choices. She choose to buy the mirror from EuroFurniture. There are many retailers in the US that sell this mirror. The customer also choose to agree to our terms of sale and delivery (by checking "I agree to terms and conditions" during the checkout process). [redacted] had a choice to open and inspect the mirror before signing for the shipment or to just simply sign for it without inspecting. She choose to sign for the shipment (acknowledging that goods were received in good condition).
[redacted] choose to ignore our clear instructions to open and inspect all goods BEFORE signing for the shipment. She again choose to ignore our instructions that any issues (loss, damage, etc.) MUST be noted on the delivery receipt. EuroFurniture cannot be held liable should a customer chooses to ignore our clear instructions on how to receive a shipment. She had ample opportunity to inspect the merchandise BEFORE she sign for the shipment. The delivery driver would have never left without a signature on the delivery receipt.
If the damage would have been noted, this would not be an issue. But [redacted] signed the delivery receipt that the mirror was received on good condition. The signed delivery receipt submitted with the previous response proves that the customer received the mirror in good condition because her signature acknowledges that. There is no getting around that fact.
The customer agreed to our terms and conditions. The customer signed the delivery receipt acknowledging the mirror was received on good condition.
EuroFurniture cannot be held liable for [redacted]'s inability to follow instructions, read the terms and conditions, or read what she is signing. EuroFurniture cannot be held liable for the customer assumptions. We don't assume. We document.