Division of Consumer Affairs - Office of Consumer Protection
Always do a full inspection of your furniture after wrapping is off, while delivery men are present and document any damages right away in writting and photos.
As noted above, the delivery date must be written into the contract on the date of the sale. The law requires that the regulation covering delayed deliveries (N.J.A.C.13:45A-5.3(a)) must appear on every contract in 10-point bold type. If the seller fails to deliver the furniture on the agreed- upon date, the seller MUST offer the consumer the choice between a prompt refund or the opportunity to receive the furniture at a later agreed-upon date.
Upon delivery, if the furniture has been consumer has the right to demand a prompt, full refund when speaking with the store’s owner. If the seller refuses to provide a full refund promptly, the consumer may file a complaint with the Division. The complaint may be done online as the complaint form may be found and filled out on the Division’s Web site or call Bergen County Consumer Affairs at 201-336-6400
New Jersey’s laws and regulations. New Jersey’s definition of “household furni- ture” includes but is not limited to furniture, major electrical appliances, mattresses, and such items as carpets and draperies.
Copyright © Bergen County Consumer Affairs.
Advertisements: .If you were prompted to go shopping for furniture due to an advertisement you saw or heard, the item in the store must be the same as the item that was advertised. Misrepresentation is illegal. In addition, whatever item in the store the consumer selects to purchase must match the item delivered to the consumer’s home (that includes the color the consumer chose). If the item delivered does NOT match what was selected at the time of purchase, the consumer may request a prompt, full refund. If you have access to the internet, you may check the regulations regarding advertisements. You can go to www.NJConsumerAffairs.gov/ocp/statsregs.htm to find the related section- N.J.A.C. 13:45A-9.1, or review N.J.S.A. 56:8-1 et seq of the Consumer Fraud Act at www.NJConsumerAffairs.gov/laws/CFAlaws.pdf.
If an advertisement for furniture or related household items
indicates that a “sale” is taking place, it is required that the ad:
■ must clearly state the beginning and ending dates of the sale
■ must indicate the original price of the item as well as the sales price so the consumer is aware of the savings, and
■ must clearly state that “assembly is required” if that is the case.
Take note of the fact that any furniture or household item advertised as being “on sale” for $100 or more must have a tag or ticket affixed to it with the price clearly indicated.
Also, if any item has been “on sale” for 60 days or more, the price listed can no longer be considered a “sale ”price.
This helps to protect the consumer by
making the sales process transparent. The print on the contract must not only be legible, it must be in at least 10-point bold type. The date for delivery of the furniture must be written into the contract on the day of the purchase.
No contract for the sale of household furniture may contain a pre-printed date for delivery. In addition, the regulations prohibit the inclusion of words such as “all sales final,” “nonrefundable” or “no cancellations” in any contract for the sale of furniture because these phrases violate or are contrary to the conditions required by regulation. Every retailer must have its refund policy posted in at least ONE of the following locations:
attached to the item itself; or
affixed to each cash register or point of sale; or
so situated as to be clearly visible to the buyer from
the cash register or point of sale; or
■ posted at each store entrance used by the public.
The refund policy will give the consumer an opportunity to change his/her mind. However, the amount of time a consumer has to change his/her mind is not spelled out in the regulations, so it is important before you sign a contract to carefully note the details of that store’s refund/ cancellation policy.
New Jersey’s regulations require that all furniture sales for more than $100 must involve a contract signed by both the seller and buyer.