I purchased furniture from a local store. A king bed headboard w/rails, sectional sofa, 2 chests and 2 night stands. I paid for it on 2/8/14 with a delivery date of 2/14/14. After many tries at getting the furniture delivered as promised I scheduled on last try for 3/7/14. It was not delivered so I called the store owner and requested that the order be cancelled and I expected a full refund back to my charge card. I paid $5300.00 and was credited back only $4853.48. He sent me a need contract (which I had not signed) stating that I was being charged a restocking fee and tax on the restocking fee. Can this be legal. It was his fault that I never got my order to begin with. Never was there any disclosure posted in the store, on the order contract or expressed orally.

Yes and no. first since this was paid by credit card, dispute the charges with your credit card company.

Next, you did not sign the contract, but the bill of sale, other paper work, what does it say on it. Are there large signs, or small signs in store making this notification?

The issue is, he already has done it. Now you can contest the credit card and see if they will void any charges to him. Or if not, you will have to sue in court for the money.

I would have to wonder that since the delivery date was 2/14 and they obviously missed it by a few weeks, whether a re-stocking fee should even apply. They obviously failed on their end to complete their part of the contract so I don't know how they could expect a re-stocking fee. I mean, what if they wanted to wait 3 or 4 more months to deliver...at what point do you have the right to refuse and not be expected to pay?