You are protected by the Consumer Fraud Act, whether ordering merchandise by mail order, having furniture delivered or buying merchandise in a store.
If you purchase merchandise by mail order, the law says you must receive your order within six (6) weeks or less.
If the business is not able to send you the merchandise you ordered, the business is required to send you a notice advising you of the delay, and then they must substitute merchandise of equal or superior quality for the merchandise you ordered or offer to send you a full refund.
Delivery of Household Furniture
Household furniture includes, but is not limited to, furniture, major electrical appliances and items such as carpets and drapes.
When you purchase household furniture and sign a contract or sales order to have your furniture delivered, the contract form must contain the following sentence in bold type:
"The merchandise you have ordered is promised for delivery to you on or before ______" and the blank space is filled in with the date agreed upon by both the buyer and the seller. The retailer is required to deliver your furniture by or on the mutually agreed upon delivery date, or give you a written notice explaining why the furniture cannot be delivered on the promised date.
The written notice must give you the option to cancel your order and receive a full refund or accept delivery of the furniture at a later date.
If the store only delivers a portion of your order on the agreed upon delivery date, you have the option to cancel the order and receive a full refund or accept the remaining merchandise at a later date.
If the items are damaged when they are delivered or are not the exact size, style or color you ordered, you have the option of accepting the furniture or returning it and receiving a full refund.
Disclosure of Store Refund Policy
Every retail establishment in New Jersey is required to disclose its refund policy. The disclosure must either be:
• on a sign attached to the merchandise itself
• on a sign affixed to each cash register at the point of sale
• on a sign which can be easily viewed by the consumer while standing at the cash register, or
• on a sign posted at each store entrance used by consumers
The disclosure must tell you that you have the option of either a cash refund, credit card credit or store credit, provided the merchandise you are returning has not been used or damaged. It also must inform you if there are any other terms or conditions which must be met in order for you to receive a refund.