Ashley HomeStore

SYNOPSIS: On January 19th, 2023 we purchased two recliners both the same model - one was a “floor model” the other recliner was ordered (hereafter referred to as the “warehouse recliner”). We took the floor model home that day and 12 days later we picked up the warehouse recliner. Upon unboxing the warehouse recliner, we immediately noticed it was a significantly different color than the floor model and contacted Ashley customer service that same day. Customer service was unyielding – they would not accept a return of the floor model. When we ordered the warehouse recliner, I specifically stated I wanted another one “just like” the floor model. Our complaint is that the sales staff never stated that the floor model was or could be an off color or would not match a recliner we ordered. As a compromise, I offered to return the floor model and order another new recliner – customer service stated, “all managers are busy at the moment. they will have your contact information and will contact you at there earliest conveyance (sic).” To date I have received no response. We believe Ashley Furniture acted in bad faith and has refused to negotiate a reasonable solution.

DETAILS: On Thursday (1/19/23), we looked at clearance floor model recliner at the Katy Ashley Furniture store. After some discussion, we made a deal to purchase the floor model recliner and “another one just like it.” The second recliner had to be ordered and we agreed to pick it up at the Ashley warehouse. We paid for both chairs at that time.

On the morning of Tuesday (1/31/23), we were notified by text that the recliner was ready to pick up. Later that day, we picked up the recliner.

Later that same Tuesday (1/31/23), I unpacked the warehouse recliner from the box and noticed it was a significantly different color than the floor model recliner. I contacted Ashley customer service and initially spoke to “Serg” (call was disconnected) then “Terry” left me a voice mail at 4:45 pm CST telling me to take the ‘warehouse recliner’ back to the warehouse. Here’s a transcription of the voice mail: “Hi David this is Terry from Ashley home store so your call got disconnected. I advise that you can bring back to the warehouse store where you bought them so that they can exchange it since you just recently a pick that up on the warehouse OK if ever you to see if this message um just go to the warehouse and if you want to give us a call back just called the same phone number OK thank you.”

I did not see taking the warehouse recliner back to the warehouse as a viable solution. I called customer service back and spoke to yet another customer service rep (name unknown) that eventually gave me a number [protected]) and told me to provide photos and an explanation of the issue. The following recounts the text exchange:

Text message exchange began at 5:30pm on 1/31/23

CUSTOMER: Purchased both recliners on 1/19/23 – took delivery of floor model same day and picked up ‘ordered recliner’ from warehouse on 1/31/23. Unboxed ‘ordered recliner’ and noted that color was very different (model numbers are identical on invoice). Contacted Ashley in Katy, and was told floor models are sold as is period! The customer service rep suggested I deal with the warehouse - I objected. I called back and spoke to sales they too said floor models are sold as-is and provided a number and said send explanation and pictures to this number. Bottom line: we purchased the floor model and specifically asked for “another one just like it.” Sale person never advised us that the floor model may be an off color. I believe we were misled to believe that the ‘ordered recliner’ would in fact be same as floor model. Request resolution. David CUSTOMER [protected] Sales numbers [protected] and [protected]. Please confirm receipt of this text.

(photos provided)

ASHLEY CUST SVC: Thank you for contacting us in regards your order, If you don't mind giving me a moment to review the details so I can provide you with the information you requested. For verification purposes, will you please verify the billing address, account holders name, and phone number?

CUSTOMER: 302 11th Ave n texas city TX 77590 David CUSTOMER [protected]

ASHLEY CUST SVC: thank you

ASHLEY CUST SVC: OK what I went ahead and did is send in a ticket to the store stating we know the floor model is as is although the warehouse one is not in it is a different color than the floor model. If they can please approve an exchange for this item your reference number is 785450. Please check back in 48 to 72 hours for an update.

ASHLEY CUST SVC: Please advise if you are still available to chat.

CUSTOMER: That sounds agreeable - so they going to order another one and I'll pick it up at the warehouse - correct? Also, at what point do I return the floor model and get paperwork for the replacement? Yes available to chat.

ASHLEY CUST SVC: Once the ticket is resolved, we will have further information for you. It does take about 48 to 72 hours for an update.

CUSTOMER: That's fine, thank you.

ASHLEY CUST SVC: You're welcome. If you have any questions or concerns in the future, please do not hesitate to reach out and I will be happy to assist. Enjoy your day and stay safe!

CUSTOMER: 😊👍

The text exchange ended at 5:50pm CST

On Friday the 3rd of February, at 12:46pm CST, I sent a text message to the number previously provided by Ashley Customer Service. Here is a recount of that text exchange:

CUSTOMER: David CUSTOMER here. I was told the recliner color issue would be resolved in "48 to 72 hours." It's rapidly approaching the 72 hour mark and I've received no further instruction/info. Please update.

ASHLEY CUST SVC: Let me check that for you. Please give me a few minutes.

CUSTOMER: No problem

ASHLEY CUST SVC: the store is stating that there isn't anything that they can do the item was bought as is and that it was a week difference from when you received the other one.

CUSTOMER: The one week difference was due to the delivery TO THE WAREHOUSE. The same day we were notified it was available for pick up we picked it up. THAT VERY DAY is when I notified ya'all about the color discrepancy. There was No week delay. Those are the facts.

CUSTOMER: Are you now going back on your proposed solution?

CUSTOMER: We have not sat in either chair since your last text - awaiting further direction from you.

(photo of both recliners with original protective coverings)

ASHLEY CUST SVC: yes I understand your concern but I am just giving you information that the store replied to on the ticket. they are stating the item was bought as is and that they are unable to exchange due to that reason.

CUSTOMER: Wait! I thought you were from corporate - what is your position?

ASHLEY CUST SVC: I am not corporate as we are a franchise and also I am a customer service agent.

CUSTOMER: Do you or the Katy store want to take this to litigation/mediation?

ASHLEY CUST SVC: Im sorry I did not understand that.

CUSTOMER: I am willing to take this to small claims court to get a remedy. Is the Katy Ashley store ok with that?

ASHLEY CUST SVC: I am unsure. sorry

ASHLEY CUST SVC: is there anything else that I can help you with today?

CUSTOMER: Yes. Give me the contact info for somebody at Ashley that can address this matter further.

CUSTOMER: Somebody above your 'pay grade' please (no disrespect intended)

CUSTOMER: One last proposal: I return the floor model for a refund and purchase a new recliner at the same price as the warehouse model I currently have.

ASHLEY CUST SVC: Thank you for contacting us in regards your order, If you don't mind giving me a moment to review the details so I can provide you with the information you requested.

CUSTOMER: Ok...

ASHLEY CUST SVC: all managers are busy at the moment. I will send over your contact information so they can contact you at there earliest convenience, is there anything else that I can help with today?

CUSTOMER: Manager at the Katy store?

ASHLEY CUST SVC: unfortantely I do not have that information

ASHLEY CUST SVC: I can send a ticket to the store to have the manager contact you one moment please.

CUSTOMER: Well, that's not helpful. So you cannot provide me with contact info for a management level above you - correct? I'm just trying to escalate this...

CUSTOMER: I don't want to talk to a store manager - you have already told me what they said.

ASHLEY CUST SVC: again, all managers are busy at the moment. they will have your contact information and will contact you at there earliest conveyance.

CUSTOMER: Ok

ASHLEY CUST SVC: if you have any questions or concerns in the future, please do not hesitate to reach out and I will be happy to assist. Enjoy your day and stay safe!

CUSTOMER: Bye

The text exchange ended at 1:19pm CST

On Friday the 3rd of February, at 4:38pm CST, I again sent a text message to the number previously provided by Ashley Customer Service because I had not been contacted by an unbusy Ashley “manager.” Here is a recount of that text exchange:

CUSTOMER: David CUSTOMER here again. I believe I have been patient but it's been over as 3 hours since you told me all managers were busy and I am still waiting to talk to a management-level Ashley person. If that is not going to happen, please just tell me that no one is going to contact me so I can proceed with alternate actions. Thank you.

ASHLEY CUST SVC: Thank you for contacting us in regards your order, If you don't mind giving me a moment to review the details so I can provide you with the information you requested.

CUSTOMER: Fine

ASHLEY CUST SVC: I am transferring you to a manager one moment

CUSTOMER: Thank you

ASHLEY CUST SVC: Hello my name is Jenicka I am a supervisor with Ashley. After reviewing the chat and the account I do see the the power recliner was an item that is sold as is. That being said we are not able to exchange this item all sales are final.

CUSTOMER: I understand that policy; however I believe the salesperson acted in bad faith when I asked to a second recliner "just like that one" (the floor model)

ASHLEY CUST SVC: Please advise if you are still available to chat.

CUSTOMER: The ordered recliner was not "just like" the floor model.

ASHLEY CUST SVC: I am not sure what was said at the time of sale however it is in the own home now and we are not able to provide an exchange

CUSTOMER: ok - just to make sure, I offered to return the floor model and purchase a new recliner - I assume that offer was rejected - correct? Therefore, I ask that you please provide me your registered agent's contact info. We are going to take this to small claims court here in Texas.

ASHLEY CUST SVC: You sales person was Toby Trahan and yes we are not able to take that back all sales are final per the contract you have signed. Do you have any other questions?

CUSTOMER: I know who my sales person was - how does that help me? Ashley's registers agent please

ASHLEY CUST SVC: I am not sure who that would be

CUSTOMER: Are you refusing to provide that information?

ASHLEY CUST SVC: No I am not refusing that information I am not sure who that would be or what that even is

CUSTOMER: A registered agent is the person to whom I will send the court papers to. All corporations have one. If you cannot provide that info, please give contact info to someone who can.

ASHLEY CUST SVC: I do not have the contact information to any one above me this is a franchise so we do not have a cooperate line you could contact. I suggest reviewing the contract you signed upon purchase.

CUSTOMER: Ok - so you're avoiding the issue. Are you representing the Katy, Texas Ashley store?

CUSTOMER: Please provide franchise owner name or representative.

ASHLEY CUST SVC: You can provide your attorney with the information and they should be able to take care of this for you

CUSTOMER: No - this is a small claims issue. No attorney required. Your intentional lack of cooperation is unprofessional.

ASHLEY CUST SVC: I do not have the information you are asking for

CUSTOMER: I'm sorry this has gotten to this level. I guess the is representative of Ashley's lack of customer care. Believe we're done here.

ASHLEY CUST SVC: Thank you for contacting Ashley have a good day!

CUSTOMER: Thank you for your time - and I never did get an answer: do you represent the Katy, Texas Ashley store?

ASHLEY CUST SVC: I do not, thank you and have a great day!

CUSTOMER: You too. And you did a good job for your employer... unfortunately we couldn't work out a fair compromise.

BOTTOM LINE: We believe Ashley Furniture acted in bad faith first by knowingly selling the new (warehouse model) recliner as one that would be “just like” the floor model; and second, Katy Ashley sales and/or management staff relied on customer service personnel to handle this situation without direct knowledge of the store’s actions third, Ashley customer service person would not confirm whether my offer of a compromise was communicated to the Katy, Texas Ashley store, instead simple quoted Ashley corporate police of no returns - period.