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Common return process for defective theater chairs

post #1 of 29
Thread Starter 
So, I ordered a close out berkline 13175 4 seat combo. It was the last of the berklines since they are now out of business. I paid just over 1600 delivered. The seats came in and all was good except one seat was ruined. Somehow the packaging got moisture in it. The frame was rusted, bonded leather ripped, mud and water everywhere, and the armrests were wobbly. This was advertised as a close out but new condition. I checked the bolts for the armrests and they were right so the wobblyness was from the arms themselves. Part of the bonded leather felt "loose" and separated from the cushion which was much different than the others. I wanted to return and go another route as I felt it was not as advertised. Seller offered to try and repair the bonded leather, but the seat was still filthy and the arms were wobbly. I said I wanted to return them. He said normally since its a close out, he would not take them but he would this time, but I would have to pay shipping both ways and also a 15% restocking fee. Shipping alone will be 600$. This does not seem fair to me at all since the product was damaged, and not by the shipper. What do you guys think?
post #2 of 29
The shipper is the seller. You mean there was mud and water everywhere and not evident in the packaging when you signed for it?
post #3 of 29
Thread Starter 
Yea, sealed box, then moisture etc inside the plastic of the ruined chair bottom
post #4 of 29
The factory sealed it up wet? Amazing. I'd sure as hell try and work with the seller to avoid returning it (what's he going to really do with it? he just hoping it's not worth the shipping for you to actually return it?). OTOH it is a closeout and you're not going to get satisfaction from the factory. Were his terms clear about restocking and return shipping for defective merchandise when you bought it?
post #5 of 29
Thread Starter 
Probably were clear, but I did not ask, I guess he is not charging a restocking fee. But, I am basically out 600$ now because the chair was damaged.

He definitely offered to work with me to keep the chairs, but I do not want a chair that has been soaking in mud with rust all over it. I want a new product. I guess at this point I have no choice to eat the $600. It just sucks because I am eating $600 for nothing of my fault, it was a damaged part. Guess there is nothing else I can do.

Some pictures of "new" chair:

/IMG]
post #6 of 29
I'm missing something here. 1600 / 4 = 400 per chair. How do you calculate 600 for shipping? From where to where? Or do you want to return the whole set including the good chairs?
post #7 of 29
Thread Starter 
I want to return everything. They don't make this chair anymore, it's discontinued. So he wants me to pay $300 to ship them back and the $300 it took to get them here the other day. I was willing to pay for the shipping to return all, but he says I need to pay for the shipping costs that it needed to get them hear initially.
post #8 of 29
Who is this seller?
post #9 of 29
Quote:
Originally Posted by mgrotel View Post

I want to return everything. They don't make this chair anymore, it's discontinued. So he wants me to pay $300 to ship them back and the $300 it took to get them here the other day. I was willing to pay for the shipping to return all, but he says I need to pay for the shipping costs that it needed to get them hear initially.

Okay, now it makes more sense, I was focusing on the singular chair for return. It has to be a set of 4 to you to be worthwhile I suppose is valid but is that how these were originally sold, only in sets of 4? If yes, then the seller should work with you more on shipping as it's a defective set; if you simply grabbed four units you should be working on the one defective unit. IMHO.
post #10 of 29
Thread Starter 
It's only sold as a set of 4 yes. Seems to me it's ridiculous that I should be out $600 for receiving a defective chair
post #11 of 29
I agree. Who is the seller?
post #12 of 29
Thread Starter 
I would rather not say yet to give him time to make it right with me. I only posted here to see if my logic was out of line. Any other opinions on whether this is acceptable business or screwing me over? Thanks
post #13 of 29
He is screwing you over. You bought a set of 4 and the seller sent you a defective set. Now he wants you to pay 600 bucks to return the defective set... No. You already gave he seller a chance to "make it right". I would appreciate knowing who this is even if its a seller popular on these boards.
post #14 of 29
My guess is the seller just shipped what the factory sent without looking inside the box and the factory screwed both the seller and the buyer. That kind of stuff happens when a company is being liquidated. That said, it seems to me like the buyer has a right to be made whole by the seller.

Now for the $64,000 question. Did you use a credit card for the transaction? If so, start the dispute paperwork for a chargeback and tell the seller that he can arrange for the return shipment himself. It is possible that the credit card company may require you to return the goods before they do the chargeback. At least you will only be out shipping costs one way.
Edited by Colm - 3/25/13 at 12:07am
post #15 of 29
Thread Starter 
You are exactly right. The seller said it was a sealed box and he had no idea. I have no reason to doubt this and I believe it to be true. However, for me to eat all of the cost because of the manufacturer, seems unfair. I did not pay with a credit card because the seller does not accept them. I paid with personal check and items were shipped once the check cleared. That said, am I still out the $600 because I received a damaged close out item? Thanks for the replies.
post #16 of 29
Is it possible for you to have this 1 chair reupholstered locally and just send him the bill?
post #17 of 29
Thread Starter 
Quote:
Originally Posted by godsbrother View Post

Is it possible for you to have this 1 chair reupholstered locally and just send him the bill?

The seller offered this, however, the armrests are loose and the seat reeks of mold and is stinking up my whole basement. This tells me the problem goes beyond the bonded leather. I do not want this chair, reupholstered or not. Is me paying 600$ fair?
post #18 of 29
Quote:
Originally Posted by mgrotel View Post

Is me paying 600$ fair?
Of course it is not fair. The only question is what you can do about it. If the seller won't budge. The question becomes one of how you can cut your losses. You could always sue the seller in small claims court. But even if you got a judgement there is no guarantee you could collect.

Have you tried finding a single replacement for the damaged chair? .

If all else fails, consider the $600 as tuition for the lesson not to pay by check for something like this unless you are willing to take the chance of losing your money.
post #19 of 29
Thread Starter 
Quote:
Originally Posted by Colm View Post

Of course it is not fair. The only question is what you can do about it. If the seller won't budge. The question becomes one of how you can cut your losses. You could always sue the seller in small claims court. But even if you got a judgement there is no guarantee you could collect.

Have you tried finding a single replacement for the damaged chair? .

If all else fails, consider the $600 as tuition for the lesson not to pay by check for something like this unless you are willing to take the chance of losing your money.

Fair enough, I guess would you just pay the $600 then if you were me?
post #20 of 29
I would try to find a replacement for the damaged chair first. Then I would try to get the seller to pay for the replacement. If he still won't budge, your options are limited. Basically, all you can do, legally anyway, is to sue him. If he was local, I would send him a demand letter, then sue him. If not, I would probably keep the 3 chairs and find a mate. I've got it! Take him to Judge Judy.
Edited by Colm - 3/26/13 at 3:31pm
post #21 of 29
Thread Starter 
I really do not want these chairs anymore, I just want to be rid of them and have a pretty sour taste in my mouth with this whole thing. I have my eye on some top grain leather seats being sold locally so I would like to go that route instead, but I can't afford to do both.
post #22 of 29
Are they part of a curved configuration? I couldn't really tell from the photos. I would try to get a full refund from the seller for the one chair that is beyond repair and a partial refund for the other 3, and I wouldn't pay any of the shipping as repayment for this hassle. If you used a credit card, start the chargeback process immediately. After you've recovered your money, sell the remaining 3 chairs on craigslist. You should be able to break even on them.
post #23 of 29
Thread Starter 
It is a curved configuration. It was a package deal so I do not know what only one chair is worth. about selling on my own, it would be an odd shape with a loveseat on one side and a chair on the other. I want to return everything.

I did not use a credit card because the seller does not accept credit cards. I paid with personal check and I learned my lesson on that one.
post #24 of 29
Buying furniture online is unsettling because you are buying sight unseen. when it arrives it THAT kind of condition the seller needs to step up and make it right. I wouldn't want that chair even if its given new padding and reupholstered. The smell of mold and mildew Is in the wood and then add in the rusted metal... No thanks.

If he cant offer a replacement chair because they aren't made anymore then the seller needs to take them back at his expense and offer you credit for chairs he had in stock.

Thats a tough pill to swallow for an online vendor but loosing an online communities trust will negatively impact their business 10 times that amount.
post #25 of 29
Damn. I would be furious! Those look like they have been underwater for a month! File a dispute and contact a lawyer!
post #26 of 29
Thread Starter 
Edit
Edited by mgrotel - 3/27/13 at 5:41pm
post #27 of 29
Quote:
Originally Posted by mgrotel View Post

Edit


Really ? I read that and think that is plausable if the chair came from the east coast.
post #28 of 29
Thread Starter 
There is no way to confirm it so I should not say things like that. Good way to start rumors and spread false information.
post #29 of 29
The seller should be able to get you a single replacement. The Berkline 13175 is now being sold as Lane Grand Slam 175. They appear to be identical to the previous version so you should not have to worry about replacing all 4 as a unit.
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