Furniture Creations

I have reviewed the response made by the business in reference to complaint ID [redacted].  As [redacted] decided the matter in my favor, the issue is closed.

Regards,[redacted]

Hello, the carrier is obviously going to say they cannot wait to avoid responsibility for the damage. Our policy is in place for the buyer's protection so they do not sign the delivery receipt until they are able to check for damage. This is standard for all freight shipments regardless of who the retailer is and what carrier is used. Freight does not operate the same as standard ground delivery used by [redacted] or [redacted] and different procedures are required as a result. Per our posted policy: "CONCEALED DAMAGE – Damage that is found after the driver has left and was not notated on the delivery receipt is concealed damage. Replacement or repair costs will apply on all concealed damages. It is your responsibility to inspect the entire shipment before the driver leaves. Failure to do so releases Furniture Creations from all liability. If concealed damaged is discovered, Furniture Creations must be notified within 72 hours. We require that all original packaging materials be retained. Photographs of the outer and inner packaging as well as the damaged product are required. Free replacements or full refunds are NOT able to be offered for concealed damage." The item is thus unable to be replaced at no charge to the buyer. The fact that the buyer's own credit card company agrees with us should be sufficient to prove we are not doing something out of the norm or trying to make things more difficult for the buyer. It was the buyer's responsibility to inspect for damage, but they instead accepted delivery of the order in good condition, free and clear of any issues. We were not present at the time of delivery so are not at fault for this. Nonetheless, on Thursday, February 19, 2015 2:33 PM, we let the buyer know we could increase the partial refund amount to $293.96, which again was being done in the interest of customer service as a courtesy since we have no way to recover this loss with the freight carrier. On Thursday, February 19, 2015 5:31 PM the buyer responded stating: "We appreciate it.  Yes, we will accept that refund amount." The refund was issued on 2/23. This concludes and resolves this matter as agreed by the buyer so the transaction is closed. We are unsure why they are telling you [Revdex.com] otherwise. Thank You[redacted], Customer Service Manager, Furniture Creations, ###-###-####.

Hello,We apologize for the delay in responding and for the issues with your item.  We are more than happy to send replacement parts for the damaged piece. However, if you wish to return the entire piece instead, you would have to take care of getting the items back to us and we will...

waive the re-stocking fee. This is because there was no damage noted at the time of delivery. We can no longer file a claim with the carrier as the merchandise was signed for as "in good condition". Despite this, we are more than willing to replace the damaged parts at no cost to you. Please see our [redacted] shipping policy and damage policy as posted below:The following instructions MUST be followed when your order is being delivered:Always inspect your shipment BEFORE signing for it.The person receiving the order MUST be 18 years old or older since the delivery receipt required to be signed is a legal document.  Furniture Creations is not responsible if a minor child is given authority to receive an order in the absence of an adult.  A legal adult is required to be present at the time of delivery who is aware of this freight policy and will adhere to it, inspecting, receiving and signing for the order.It is best to completely inspect the contents of each box, regardless of the condition of the outside of the box.If damage is observed, simply and clearly note “DAMAGED” on the delivery receipt, briefly stating what item was damaged, or refuse delivery of only the item that is damaged (i.e.: If you purchased a Bedroom Set and just the Dresser was damaged, refuse only the Dresser and accept the rest of the set).When you sign the delivery receipt, it is a legal contract that states that you accepted the product in that condition.  Please thus take the time to follow these instructions that are provided for your protection.Inspection is not the driver’s responsibility, so please be sure that you are the one making note of the damage on ALL of the driver’s copies of receipts. Inspection is very important to ensure that you receive a brand new item in great condition.If opening the boxes is not possible at the time delivery is received, it is best to notate "Subject to Inspection" regardless of the condition of the box(es).If the driver will not permit inspection of the items, contact us IMMEDIATELY at [redacted] and note on the delivery receipt that the driver would not wait so the merchandise could be inspected, also noting "Subject to Inspection". This is very important because once you have signed for your shipment without any additional comments; it is your responsibility if damage is found later.If you notice any damage from shipping after you have accepted the delivery, please follow the instructions within our Damaged Merchandise policy.Damaged MerchandisePlease note that Furniture Creations is not responsible for the handling of your merchandise once it leaves our warehouse. As a result, any damage that may occur after this point while the furniture is in transit is the shipping carrier’s responsibility. If a situation arises, our staff is well trained to offer assistance. It is assumed however, that you have followed our Shipping and Delivery guidelines provided herein so we can file a claim and coordinate a resolution with the shipping carrier to ensure you are fully satisfied with the outcome.Damages must be reported within 3 business days from the date that the item was received.We will be unable to offer any assistance after the 3 business day period since there will then be a question of whether the damage occurred after delivery instead of by the carrier during shipment.All damages and other issues must be reported by email through the “Contact Seller” link located within the order from your buyer account.A written record is required as it allows any of our customer support staff to have access to the information and assist you as necessary.Photo evidence is required for any damage to the item that is in your possession that was not refused at the time of delivery.In the event concealed damage is discovered, please contact us in like manner so we can determine if parts may be able to be sent as resolution or a possible partial refund of your payment be issued instead.If you have any additional questions or concerns please contact us at the phone number below. Thanks!Furniture CreationsInternet Sales Dept.[redacted]

Hello, the buyer was emailed a courtesy reminder of our posted policies on Friday, January 2, 2015 7:12 AM. This states in part regarding the delivery of the freight shipment: "INSPECTION: It is best to completely inspect the contents of each box, regardless of the condition of the outside of the...

box. Count, open & inspect entire contents BEFORE signing for the shipment! If damage to the boxes, products and / or shortage is observed, note damaged items and / or shortages on the delivery receipt. All freight companies allow a specific amount of time for you to inspect your shipment before the driver leaves. The time limits are based on the total weight of your shipment. If the driver refuses to wait, then you must call Furniture Creations IMMEDIATELY at ###-###-####. When you sign the delivery receipt, it is a legal contract that states that you accepted the product in that condition." When the order was delivered, the buyer accepted it in good condition, free and clear of any issues. This was two months ago. The buyer only reported some damage to the server after it was already in their possession. Per our posted policy: "Damage that is found after the driver has left and was not notated on the delivery receipt is concealed damage. Replacement or repair costs will apply on all concealed damages. It is your responsibility to inspect the entire shipment before the driver leaves. Failure to do so releases Furniture Creations from all liability. If concealed damaged is discovered, Furniture Creations must be notified within 72 hours. We require that all original packaging materials be retained. Photographs of the outer and inner packaging as well as the damaged product are required. Free replacements or full refunds are NOT able to be offered for concealed damage." This is standard for all sellers that ship products via freight service since the regulations are directly from the freight carrier tariff terms. They are not responsible for any damage not noted on the delivery receipt at the time of delivery and we cannot file a claim with them as a result. With regards to the delivery itself, per the email the buyer received with a reminder of our policies and as posted on [redacted]: "Self-Service Curbside Delivery is included for all freight orders. You will need to carry your items into your home, garage, etc. We recommend that you have someone available to assist you with doing so. Please keep in mind that the freight shipping carrier is not a moving service. The driver will assist in lowering the item(s) off the truck in order for you to take possession of the merchandise. Most of our customers have no issues arranging to have a friend or family member assist them with carrying their items into their home, but in the event you are interested, liftgate and first threshold (to front door or garage) delivery service may be available for an additional fee and must be arranged prior to delivery. If you would like to upgrade to this service, please contact us to determine if it is available in your area and we can provide you with a quote." The buyer was thus made well aware of the shipping/delivery process so there should have been no cause for complaint regarding it. In the interest of customer service as an exception, we are willing to provide the buyer with a partial refund of $100 toward the repair of the product they own. Otherwise, we can attempt to file a manufacturer defect claim with [redacted] to see if they can assist through their limited one year product warranty if the issues are not shipping damage. The manufacturer is in complete control of the situation in this case with us being the middle man, so any decision made by them would be final. The fact remains that the detailed instructions for receiving the order were not followed by the buyer, which limits what we can do to resolve this for them. Please let us know if the buyer accepts the partial refund or wishes us to file the warranty claim with Coaster. Thank You, [redacted] Customer Service Manager, Furniture Creations.

Hello, this buyer was emailed a courtesy reminder of our shipping policy on Friday, May 23, 2014 5:01 PM. We also called the buyer at the phone number provided with their order to review this information in person on 5/25. We had to leave a message at 10:16 AM since there was no answer and the buyer...

never returned our call. Regardless, the buyer was well aware of the policy where it states: "Freight deliveries are scheduled directly between buyer and carrier if being brought to a home residence. While everything will be done to accommodate your schedule, the delivery can only be arranged based on the carrier's hours of operation and availability...If the carrier cannot reach you and your order cannot be delivered, you may be responsible for all freight charges associated with returning the merchandise back to our facility along with a 15% restocking fee for the return of the order. Please thus be sure we have any and all correct contact information for you...If you are unable to be successfully contacted to schedule delivery within two days once the local freight carrier is in possession of your order, daily storage fees will begin to be charged that you will be responsible for paying us before the order can be delivered to you...If the order is returned to us due to the inability to schedule delivery, a refund will be issued in accordance with our posted return policy and any applicable storage charges will be deducted from your refund." We did call the buyer in response to a message they left us, but again had to leave a message for them and no one returned our call. The buyer emailed us on Thursday, June 12, 2014 7:25 PM to inquire about the status of delivery and we responded providing them with the carrier contact information so they could get in touch with them directly which is required for freight shipments. The carrier had already called the buyer and left messages attempting to schedule delivery and no one ever called them back. The buyer then became upset with us and used obscene language in their emails and on the phone when they were the ones that were not communicating as necessary. Any delay with regards to the delivery of the order is thus the responsibility of the buyer in this case. The buyer even indicated that they were refusing to accept the order. However, they accepted delivery of the order on 6/25 and signed for all four boxes on the delivery receipt, which is attached within this response. The only notation on the receipt was that a box was open and they needed to inspect. The buyer never indicated that any of the four boxes were not included with the delivery until after the driver left. The buyer called us after the fact and claimed that they only received one box even though they signed acceptance of all four. We let them know we would have to confirm this with the freight carrier, which we did not hear back from until today. The carrier did find the other three boxes in their possession and are sending them back to us. The buyer's payment was refunded, but they are still responsible for returning the box they accepted to us since they are now in possession of our merchandise. Please have them send it to the following address in the original packaging with the [redacted] number as shown: Furniture Creations, [redacted] #[redacted]. Please provide us with the tracking information so we know when to expect the item. The facts in this case remain to be that the buyer caused this situation by initially not communicating with the carrier to schedule the delivery, then by signing for the entire shipment when only one box was actually accepted. In neither case were we at fault as can be proven. We look forward to hearing back with the return tracking information for our bed trundle. Thank You, [redacted], Claim Specialist, Furniture Creations, [redacted].

Hello, the buyer did not receive the order damaged. In his email to us on Tuesday, August 4, 2015 2:34 PM he states: "I received the chair today and while assembling with no power tools the front right leg (CR front leg right) cracked along the grain." He thus admittedly damaged the chair himself during the assembly process. We were willing to provide a replacement part to him as he requested despite this, but he later insisted on a return of the order instead. We would have provided him with a [redacted] return label through our account so our discounted shipping rate could have been used, but he sent the package back to us himself via [redacted] instead. Per our posted policy: "If parts are available that would be able to be provided to resolve the issue reported, but the customer insists on returning the order anyway, return will be subject to standard return policy including 15% restock fee and deduction of outbound shipping cost." As a courtesy in the interest of customer service, we waived the actual outbound shipping and the 15% restocking. The buyer's payment was refunded in full on 8/28. This transaction is considered closed and will not be eligible for further consideration based on these facts. Thank You, [redacted], Customer Service Manager, Furniture Creations.

Hello, I apologize for the issues with the buyer's items and inconvenience caused as a result. The initial confusion was caused because the buyer contacted [redacted] Furniture instead of us directly back in December of 2014. The first communication we received from the buyer through [redacted] email...

message system was on Saturday, December 20, 2014 3:04 PM that stated: "Hello! the costumer contacted us regarding the confirmation number for the replacement." We obviously had no idea what that was referring to so [redacted] assumed the product was damaged in shipping transit and the buyer was just then requesting a replacement as a result. That would have been several months following the delivery of the order so no, we would not have been able to provide assistance per our posted policy had that been the case. I am sorry that [redacted] did not ask any probing questions to obtain more information since there were no details provided by the buyer in their initial email. Nevertheless, the recliner was replaced by means of the manufacturer warranty claim at no cost to the buyer. The sofa defect was also later handled by means of a warranty claim and the delay with replacement was on the part of [redacted] since they stated a new sofa would be shipped to the buyer directly by their warehouse, but it turned out it never was. The replacement was finally shipped and received by the buyer. What the buyer later reported to us was not a defect as with the original products, but shipping damage caused during transit by the carrier. Per our posted policy on [redacted] that the buyer was aware of when they placed the order last year: "DAMAGE INSPECTION - It is best to completely inspect the contents of each box, regardless of the condition of the outside of the box. Count, open & inspect entire contents BEFORE signing for the shipment! If damage to the boxes, products and / or shortage is observed, note damaged items and / or shortages on the delivery receipt.Inspection is not the driver’s responsibility, so please be sure that you are the one making note of the damage on ALL of the driver’s copies of receipts. Failure to note damages / shortages at the time of delivery releases Furniture Creations from all liability; therefore, you are responsible for any replacement costs. Specific notation of damage to the carton and product is required. When you sign the delivery receipt, it is a legal contract that states that you accepted the product in that condition. Please thus take the time to follow these instructions that are provided for your protection." The buyer apparently did not inspect the replacement sofa at the time of delivery since such damage would have been observed and able to be noted on the delivery receipt, in addition to a possible refusal of delivery altogether due to the damage. This is evidenced by the signed copy of the delivery receipt, which I have attached for your review. The box to the left of the buyer's signature states that the items were received in good condition except where noted otherwise. As you can see, there were no issues noted by the buyer. Further, in accordance with our posted policy: "Damage that is found after the driver has left and was not notated on the delivery receipt is concealed damage. Replacement or repair costs will apply on all concealed damages. It is your responsibility to inspect the entire shipment before the driver leaves. Failure to do so releases Furniture Creations from all liability. If concealed damaged is discovered, Furniture Creations must be notified within 72 hours. We require that all original packaging materials be retained. Photographs of the outer and inner packaging as well as the damaged product are required. Free replacements or full refunds are NOT able to be offered for concealed damage." While I again apologize for the damage to the sofa, the buyer is not eligible for a full refund of their payment or a free replacement based on these facts. I can authorize a partial refund to be issued in the amount of $150, which is more than 30% of the sofa's purchase price of $490.36. This can be used toward the repair of the sofa. Given that the recliner was replaced without further issue, a refund of it is not possible, either in part or in full. I will await your response so I know whether to proceed with the partial refund for the sofa or not. Thank You, [redacted], Customer Service Manager, Furniture Creations, ###-###-####.

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.According to the response I received, the company is clearly placing the blame on me. That is not the case. Yes, I contacted [redacted] first because that is what the agent at [redacted] told me to do. [redacted] instructed me to send her pictures which I did. I thought it would go through the proper channels from there. I have the emails I sent her on 12/15/14 and never once did she reply stating that I had to contact Furniture Creations. After all, the furniture is their product. I do not see where there could be any confusion as to whether the recliner was damaged at the time of receipt of the product. Please do not insult my intelligence by thinking I would not have reported the day I received it. It was clearly stated in my emails to Furniture Creations that the recliner broke while reclining it in December 2014. I was told it was out of warranty at that time and as the consumer, I reminded the person I was speaking to that in fact it was until the day I received it in July 2014. Then, I was told (after months of dealing with the issue) that the workers on the dock were on strike. That was not mentioned in the rebuttal statement they sent me after the complaint I filed with the Revdex.com. Furthermore, I personally did not sign for the sofa; my fourteen year old daughter did because I was indisposed when it arrived earlier than scheduled. The signature can be compared to mine and it will be clearly evident that is not my signature. She will attest that she signed for it. Lastly, I think it is a  insult to refund me only $150. It was stated that it could be used for repair of the sofa or the refund would be given directly to me. My questions are: 1. Who will be responsible for the shipping and handling costs? I do not think that I should have to because clearly this is not any fault of mine. 2. What if the cost to repair it is greater than $150? 3. Why can I not return both pieces of furniture or get a microfiber set at equal value? I do not wish to keep this Bobkana leather set of any of their manufactured furniture.

Regards,

Hello, we just want to clarify to the Revdex.com that not all the parts were missing since that essentially means the entire item was missing. All of the hardware was missing to assemble the item so it was requested and shipped to the buyer from the manufacturer. The buyer then stated that they were still...

missing two brackets so we again requested the hardware and it was shipped to them. Apparently, the buyer did not specify in their communication to us that the remaining two brackets that were missing were not actually part of the hardware packet as per the assembly instructions. We determined which brackets were needed and these were shipped to the buyer via [redacted] and were confirmed delivered on Wed 4/01/2015 9:30 am. We apologize again for any inconvenience and this has now been resolved for the buyer. Thank You, [redacted] Customer Service Manager, Furniture Creations.

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I read the email which was sent and understand what it said.  HOWEVER, the shipping/freight company has confirmed that their drivers do NOT wait around until all items are inspected from top to bottom.  These are huge boxes and per their dispatcher they are NOT to wait for recipients to inspect every package and every inch of every product. What if sellers of items required [redacted] or [redacted] to wait while every item was inspected and verified non-damaged or non-defective?  The fact that this company's delivery policies are incongruent with the freight company's delivery policies is NOT my fault.  I am the customer, in the middle of this mess, and I have done nothing wrong.  All of this wasted time and effort, and all I am asking is for the seller to ship me a non-damaged replacement item and pick up the damaged one I have -- which is still in the box and ready to be picked up.  They should be dealing with their shipping company and working out who is responsible for damaging the item in transit.  It is a 275lb box and we did not move it so we could NOT have caused any damage.  The fact that I had to sign a delivery receipt so the driver could leave doesn't change the fact that the product I received was damaged during shipment.This is simply a case of a seller not taking responsibility -- to get an item to a customer in non-damaged condition.  

Regards,

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I was told in the first place before I made the purchase, that any damaged parts would be replaced, therefore I trusted this company,  [redacted] informed me that Furniture Creations policy stated, you must open your box and examine every part while the delivery person was there. Well again, this could not be done, since it was delivered on a date not specified. I called immediately, and was told to send pic of the damage, I did, I had already cut the box open  in 2 areas. there is no way I could of stuffed all the parts back and tape it back. I don't understand why they are being so difficult, I can get a copy of the shipping label from [redacted]. The box was not damaged by [redacted]. The box would of had to have a lot of damage to it if that was the case. How can a bag of screws be ripped opened from dropping a box and the parts that were scratched and broke were between styrofoam, therefore it looks very much like it was packaged that way. All I ask is to have it replaced, or refunded! I rather not waste more time filing with legal services. I never had any problems with any other furniture store before. I have read other customers complants from this place also in the same situation. again I would like to ask for a refund or replacement, I will be happy to send it back in an undamaged box. thank you. I have pictures available of the damage, if you would like to view them.

Regards,

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

We disagree with the response that we received from Furniture Creations as it contains inaccurate information.  As far as the instability of the chairs, the instability of the chairs were not caused by the assembly process simply because the holes for the chairs are prefabricated therefore we only had to insert the screws in the chair per the directions.  In addition to the instability of the chairs, they were also too high for the table that we purchased through Amazon.  The chairs that we purchased through Amazon were the recommended chairs for that particular table.  We received the chairs prior to the table being delivered and we assembled them upon receipt of delivery. Subsequently when we received our table, we noticed that the chairs were too tall for the table and our table was damaged (the table was purchased from Amazon).  We made an offer to purchase another table and chair set that was more expensive then our first purchase and Furniture Creations was not willing to accept our offer.  As far as the packaging goes, we did not request them to repack our chairs.  We purchased materials to repack the chairs ourselves.  On October 28th, we shipped the package to Furniture Creations because we received an email from Amazon which stated that Furniture Creations would accept the chairs.  Furniture Creations asked us to include the return number in order for the items to be accepted. (Order number [redacted]as previously willing to accept the return of our chairs, we shipped them, and then we were notified via email from Amazon that they will not refund our money.  At this point, we have no chairs, no table, and they are also trying to keep our money.  We have kept our emails which contains Furniture Creations willingness to accept our chairs and the email after our chairs were shipped stating that they will not refund our money.  We strongly feel that this company has taken advantage of us and we are demanding a full refund of our money.

Amazon closed  The file because they thought that the company was going to refund me 100%. I canceled with the company directly before September 30 and they still charged my account so I called and canceled with AMAZON afterwards. They need to refund me 100% of the money that they stole from my account. I never even received the item at my doorstep.

Consumer rejects the response of seller Furniture Creations regarding complaint ID [redacted].On the front of the box in which consumer received states product was made in Taiwan. Obviously, seller is not familiar with products' packaging and contents. Consumer wishes product was acceptable, but it is not. Seller should have done quality control before this product was even shipped out to consumer. Consumer does not own a cell phone/camera and WILL NOT go out and purchase one in order to do quality control for seller. Seller is knowingly selling obviously defective product to consumers. Consumer is extremely busy and does not have the time and energy to do quality control for this seller. As alluded to by seller, all this wasted time and energy could have been alleviated if seller only inspected the item before it was shipped out and provided a prepaid return shipment label. With great hesitation, as of 12/15/2014, seller agreed to issuing a prepaid return shipping label as consumer requested. Consumer gladly accepts this offer and will never again purchase a product from this seller. The product is awful--plastic lamp shade, really?[redacted]Law and Public PolicyReal Estate Broker/Owner (inactive)l[redacted]

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Firstn no one called or attempted to make any delivery on May 14th. My wife was home all day. This is not acceptable; I have emailed you numerous times explaining why I scheduled the delivery for that SPECIFIC day. I will explain it again. My work schedule changes weekly, when I called to schedule the delivery, the company and I BOTH agreed that my package would be delivered on Wednesday May 7th. I was called on Wednesday by you shipping company and was told the bed was on the wrong truck...at this point I want a $200 refund and for the company to deliver to my door. This is the only way I can accept shipment as my work schedule changes and I am sometimes gone for weeks at a time. If you cannot accommodate me I want a full 100% refund

Regards,

Hello, Amazon closed the claim as denied in our favor on Wednesday, October 7, 2015, not because the buyer was to be refunded in full, but because they failed to provide any evidence to support their claim that they tried to cancel the order prior to shipment. We had substantial factual evidence that proves the order had been shipped before the buyer requested cancellation. The order could not be cancelled as a result of it already being in transit to the buyer. The buyer states: "I never even received the item at my doorstep." This is irrelevant to the fact that the order was shipped. The order was returned back to us based on the buyer's refusal to accept delivery of it. The buyer gave Amazon the authority to mediate this matter by means of the claim and Amazon decided in our favor based on the facts presented. The buyer's payment has been appropriately refunded in the amount of $520.86, which is in accordance with our posted policy: "Shipment refusals will be treated as a standard return less a 15% restocking fee and all original and return shipping costs." We attempted to discourage a return, knowing how high the fees would be, but the buyer insisted on sending the order back instead of just taking possession of it. That was their decision and we cannot be held responsible for that. This transaction is considered closed and will not be eligible for consideration again. Thank You, Pete J, Customer Service Manager, Furniture Creations.

Hello, we have had no reason to lie about not receiving the photos so the implication by the buyer that we have done so is not appreciated. Had the photos been able to be seen on our end, we would have worked with the buyer toward a resolution. As it stands now, [redacted] has refunded the buyer's payment and we are in the process of appealing that decision since the buyer still has the item in their possession, which is currently unpaid for. After reviewing the photos that we were now able to open the file for, such damage was done by a fork truck based on the width and location of the holes. This being the case, the outer packaging would have showed evidence of this damage since it was not shipped out of our warehouse in that condition. Notation of the damage to the packaging itself would have been sufficient enough for us to proceed with a replacement or refund for the buyer since a claim could have been filed with the carrier. Since the buyer did not do so and they now have their payment back in full, we have no recourse with the carrier to cover our losses and are out the product, when none of this was our fault. As far as the buyer is concerned, the case is closed. We are pursuing the appeal with [redacted] to get our money back. Thank You, [redacted], Customer Service Manager, Furniture Creations, ###-###-####.

Hello, on Monday, July 20, 2015 5:27 PM, we emailed the buyer a courtesy reminder of our posted freight policies which states in part: "INSPECTION: It is best to completely inspect the contents of each box, regardless of the condition of the outside of the box. Count, open & inspect entire...

contents BEFORE signing for the shipment! If damage to the boxes, products and / or shortage is observed, note damaged items and / or shortages on the delivery receipt. All freight companies should allow a specific amount of time for you to inspect your shipment before the driver leaves. Freight carriers are not our employees and do not operate under our supervision. They are their own business, so if the driver refuses to wait for you to inspect the contents, be sure to completely look over the outside of the shipping boxes and wooden pallet. Note any damage to the packaging even if you do not feel it is something of importance no matter how minor it may appear. When you sign the delivery receipt, it is a legal contract that states that you accepted the product in that condition. If no damage is noted at all, our means of assisting you should something be later observed are extremely limited." The order was confirmed delivered on 07/31/2015 08:30 ET. The buyer emailed us reporting damage on Friday, July 31, 2015 8:45 AM. We responded to them on Friday, July 31, 2015 8:56 AM requesting photos as is required per our posted policy: "Photographic evidence is required for any damage to the item that is in your possession that was not refused at the time of delivery. Photos need to be received by us within five days from receipt of the order or upon our request, whichever comes first. If photos are not received in a timely manner for damage or defects, the options available for resolving the issue for you may be limited." The buyer provided photos of the damage and we confirmed with the freight carrier, Forward Air that there was no damage indicated on the proof of delivery receipt (see attached). To the left of where the buyer signed is a text box which states that the shipment was delivered in good condition except otherwise noted. To give the buyer the benefit of the doubt, we submitted a defect warranty claim to the manufacturer on their behalf to see if perhaps it was not shipping damage and there was a manufacturing defect instead. Our posted Manufacture Defect policy states: "In the event an issue with a product is determined to be a defect caused by the manufacturing process and not shipping damage, we will submit the details along with required photos of the item to the manufacturer to file a warranty claim on your behalf. Furniture Creations is not liable for such defects." At that point the matter is in the hands of the manufacturer as is the case with any insurance claim. There is a process required that has to be followed. The buyer was not willing to wait so they filed a claim against the order with [redacted] on 8/11 to permit them to mediate this matter. Based on the facts herein that were provided to [redacted], the buyer was instructed to return the item to us. The buyer said they discarded the packaging despite our initial email to them the day of delivery on 7/31 stating: "Please be careful when opening up any additional packaging as items will need to be retained in their original packaging if being returned to us. In addition, please be sure you retain the pallet the item was shipped on, in the event the item needs to be returned to us." The buyer thus knew well in advance that they needed to retain the shipping carton and packing materials, but failed to do so. We even emailed the buyer prepaid return labels on Monday, August 24, 2015 1:55 PM so there would be no initial out of pocket expense for the return. We never told them they would be responsible for a 20% restocking fee especially since our rate is 15% and we would have actually waived that for them. Due to the buyer's inability to return the order to us in accordance with our policy and [redacted]'s instructions by means of the claim, [redacted] denied their claim in our favor on Thursday, August 27, 2015. This closed the matter as resolved since the buyer gave [redacted] the permission to decide on the case, which they did based on the facts presented. The buyer is not eligible to return the order and they have refused to cooperate with the warranty claim so are not eligible for resolution through that method either. Had the buyer been willing to allow us to do our job and proceed with the procedures we have in place, this matter could have been already taken care of for them. Unfortunately they did not so there is nothing further we can do. This matter will not be eligible for further consideration. Thank You, [redacted], Customer Service Manager, Furniture Creations.

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.I still have not heard back from [redacted], please advise or open a new claim and this one has not been resolved.

Regards,