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Searched internet for brown leather ottomans to go with Craftmaster

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

Searched internet for brown leather ottomans to go with Craftmaster Creighton Leather/Fabric Sofa I purchased at Thomasville Furniture Gallery in AZ two months prior before moving to FL. Was directed to www.homegallerystores.com to purchase correlating leather ottoman. The online photo depicted the same Craftmaster Creighton Leather/Fabric Sofa I had purchased 2 months prior AND the correlating ottoman plus other seating groups. The zoom image was a match in color (brown), texture (distressed) and finish (antique brown, caramel and black). I placed a $1,580 order for (2) of the correlating ottomans to go with my sofa. When the (2) ottomans arrived, the leather was not even close in color, texture or finish. The color is a red/burandy. Home Gallery Stores will not correct this error and even refuses to refund the $1,580 unless I pay a $320 shipping fee to return these ottomans. I believe they misrpresented the product and even after bringing to their attention the discrepancy about the advertising vs what I receieved, they continue to advertise these ottomans as such. This is misleading and a "bad business practicce" that has placed me in a disadvantaged position. The charge has been disputed with my credit card company, but Home Gallery Stores has responded (I don't know the details yet) and my credit card company said they have to place the charge again until I respond. Then ... ??? ... what can I do to make them produce the correct product or take back these ottomans without shipping cost to me. I REALLY REALLY wanted these ottomans and have done eveything I can to try to get Home Gallery Stores to make it right. They know say there are no more and the manufacturer in China (which I did not know at the time) says it's the right leather. I have photos that clearly demonstrate it is NOT the correct leather color.

 

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State/Country relating to question: Florida

Already Tried:
Provided that info in the complaint section.

Submitted: 230 days and 11 hours ago.
Category: Consumer Protection Law
Value: $59
Status: CLOSED
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Expert:  JD 1992 replied 230 days and 11 hours ago.

Is there a specific question I can assist you with? Is it just what can you do to get a refund?

Customer replied 230 days and 11 hours ago.

YES ... what can I do to make them produce the correct product as depicted on their website or take back these ottomans without shipping cost to me?

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Expert:  JD 1992 replied 230 days and 10 hours ago.

You can sue for specific performance but realistically they aren't going to be able to provide it so you are going to have to sue for a rescission of the contract and a refund. Be sure and take good, clear pictures of the sofa, the ones you received, and then get a good quality copy of what they were advertising and you shouldn't have any problem.

Other than a lawsuit there is no way to achieve what you want to achieve. No one other than a judge can make them give you a refund or make them provide the correct items.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 230 days and 10 hours ago.

I have disputed this with my credit card company. Home Gallery Stores has responded to their inquiry but I do not know the details yet. I was told I can dispute their reply and the charge will once again be taken off pending a final decision. Who makes that decision? Is there a possibility my credit card company will find in my favor by providing clear photos of the ottomans I received and what they have advertised on line?


 


Thank you!

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Expert:  JD 1992 replied 230 days and 10 hours ago.

There is a possibility but it doesn't seem to be anywhere near as common as it used to be. The more documentation you can provide them then the better the chance that they will decide in your favor. Make it very clear that it isn't just a slight variation in color, it is entirely different color and texture which is equivalent to making it a completely different product.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 230 days and 10 hours ago.

JD, you have been helpful in assisting with options. Just a few more thoughts.


 


If I must resort to employing an attorney here in FL to file for specific performance or recission of contract for refund, but Home Gallery Stores is in VA ... in which venue would the matter take place? In other words, would I be expected to travel to VA or would they need to appear in FL?


At one time Home Gallery Stores offered a customer satisfaction credit of $275 as a one time offer. At the time, I said no because I REALLY wanted the correct leather ottomans. Just recently I found someone that will "stain" the leather to brown for me. I really like the design and although the texture is not the same, at least the color would blend. It will cost me $325 to do this. Do you think there is a chance I could get Home Gallery Stores to reinstate that offer vs legal action?

Accepted Answer

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Expert:  JD 1992 replied 230 days and 10 hours ago.

Since you ordered over the internet then a local judge may allow the case there where you placed the order and accepted the shipment. It makes to try that first and the worst that happens is the judge says you have to file where they are located.

It is very possible Home Gallery will make you an offer to resolve the case. You might want to consider getting a local lawyer to send them a demand letter and see if they respond.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.3 %
Accepts: 1829
Answered: 8/18/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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