Formal Complaint Regarding Non-Delivery of Paid Merchandise
On june 23rd, 2025, I purchased two sofas, one mattress, and one electric adjustable mattress bed frame from [store name]. The total purchase price was paid in full at the time of sale.
The agreement was that all items would be delivered within one week. The sofas were delivered on time. The mattress was delivered only after I contacted the store to follow up. However, the bed frame has never been delivered.
Over the following weeks: Five weeks passed without any communication from the store regarding the bed frame. I contacted the store, and the next day I was told delivery would occur in the first week of August. Days later, I was informed the bed frame was out of stock, could take an additional four weeks to restock, then additional time to arrive at the warehouse before delivery â with no firm date provided. I was offered an âupgradeâ to a more expensive bed frame if I paid the difference. I declined, as the original order was already paid in full. I attempted to follow up again and was told only âMr. Taylorâ could resolve the matter. Multiple calls went unanswered; I left two voicemails. On june 08th, 2025, Mr. Taylor informed me the bed frame might be in stock in September and asked if I wished to wait. I declined and requested to return the mattress, cancel the purchase, and receive a full refund.
My request was refused on the grounds that the mattress has been in my home for more than one day.
Under the Uniform Commercial Code as adopted in Kentucky (KRS Chapter 355), the goods delivered constitute non-conforming goods, as part of the paid-for order was never delivered.
Under the Kentucky Consumer Protection Act (KRS 367.170), failure to deliver a paid-for item constitutes an unfair or deceptive act or practice. Because the delivery is incomplete, the time limit for returns or refunds has not begun; legally, the order has never been fulfilled.
In addition to the protections of the UCC, the Kentucky Consumer Protection Act (KRS 367.110â367.300) provides remedies for consumers in such situations.
Requested Resolution: ⢠Immediate pickup of the delivered mattress, ⢠Cancellation of the purchase, and ⢠Full refund of the total amount paid for matress + frame.
If the matter is not resolved within two (2) business days, I will file a formal complaint with the Kentucky Attorney Generalâs Office and pursue recovery through Kentucky Small...
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