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We recently purchased furniture from Direct buy and it cam

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

We recently purchased furniture from Direct buy and it came in damaged when we complained they said they would look after it... five weeks later we received a call to tel us it was ready, and had been fixed... when we went to pick it up the pieces where not fixed to our satisfaction we were told that in their opinion they were fixed and they would do nothing more. These pieces have never left their warehouse and we have not received them. Do we have to accept the furniture in the condition they say.  

 

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Province/Territory relating to question: Alberta

Already Tried:
phone calls and e-mail

Submitted: 290 days and 8 hours ago.
Category: Canada Law
Value: CA$59
Status: CLOSED

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Expert:  Debra Thal replied 290 days and 8 hours ago.


Debra Thal (username) :

No

Debra Thal (username) :

You purchased new furniture.

Debra Thal (username) :

You did not purchase damaged furniture that has been repaired badly.

Debra Thal (username) :

In fact you did not purchased damaged furniture that was repaired perfectly.

Debra Thal (username) :

I suggest you send them a letter by Registered Mail demanding a full refund or brand new furniture and provide them with a deadline.

Customer :

that correct we purchased new furniture not repaired furniture

Debra Thal (username) :

You can tell them if the fail to comply you will commence legal proceedings and will be seeking interest and your costs.

Debra Thal (username) :

You can sue them in Small Claims Court and can self-represent if it gets that car.

Debra Thal (username) :

far.

Debra Thal (username) :

If you find you need some help as you go through the process you can post on this site again and I can assist you.

Customer :

are you familiar with their contacts I've heard that they have a no refund or return clause in it some where is that legal in Alberta?

Debra Thal (username) :

Their contracts say not refunds but they have breached their contract by failing to deliver what they promised.

Debra Thal (username) :

A Court will not say you have to take damaged goods.

Customer :

That makes sense to me thanks

Customer :

do you think they will take us seriously ?

Debra Thal (username) :

Yes I do but if not the Court will for sure.

Customer :

one of the kids in the warehouse told us that they do this all the time to people and it doesn't sound like they ever change their stance

Debra Thal (username) :

But getting a registered letter may work and if not you will succeed in Court and they will have to pay your costs as well.

Debra Thal (username) :

They have a terrible reputation.

Debra Thal (username) :

We hear about them all the time.

Customer :

Does it have to be a registered letter or will an e-mail work?

Debra Thal (username) :

Email it not a good idea for legal matters.

Customer :

does it have to be registered letter or will e-mail suffice

Debra Thal (username) :

It can be dropped off or mailed as well but a Registered letter usually is more effective.

Customer :

sorry didn't see your other response

Debra Thal (username) :

OK

Debra Thal (username) :

So don't use email.

Debra Thal (username) :

But at least drop off a hard copy/

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37350
Answered: 6/28/2012

Experience: Lawyer

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