Warning: No LoveSac Warranty On Sacs Sold Through Overstock

LoveSac is a furniture company. They’re known for a product that I’m sure I will be scolded for calling “giant beanbag chairs that cost hundreds of dollars.” Hypoallergenic, couch-sized, decorator-colored, high end beanbag chairs. Reader Victor wanted a Love Sac, and ordered one for less than retail price from Overstock.com. Then he learned that this was perhaps not a wise choice when ordering a high-end item with an excellent warranty. He writes:

Someone on one of the deal boards was talking about the great deal Overstock has on the LoveSac products. It IS a great product at a great price, but we learned the hard way that you don’t get almost 50% off the LoveSac retail price without some pain. About half a year ago, we got The Big One with the
cover from Overstock.com for slightly less than half of the LoveSac official website’s $806.

Within a few months we had a problem that required warranty service, which was no problem because LoveSac’s website talks about their great 3 year warranty. Unfortunately, when we called LoveSac (the manufacturer) we learned that ANY LoveSac bought from Overstock.com is not covered by Lovesac. /snip/ Anyway, we called Overstock.com and they said we should have bought their “protection plan”. Problem is, nowhere on the product page does it TELL you that you have no warranty at all unless you buy Overstock’s plan, so we didn’t. In the end Overstock couldn’t deny the logic of this and took care of us, but the whole ordeal was a real hassle, and I imagine not everyone will be so lucky.

It’s a great product at a great price, but caveat emptor.

Voided warranties? Has Victor stumbled into a world of comfy, warranty-less intrigue? All we know is that you shouldn’t buy a LoveSac from Overstock and expect warranty service.

LoveSac [Official Site]
LoveSac 8-foot Foam BigOne Epresso Lounge Bag/ Chair

(Photo: jvidrine)

Comments

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  1. XTC46 says:

    isnt this a pretty common practice? I always assumed nothing coming from a large discounter would be covered by warranty…

    • icruise says:

      @xtc46 – thinksmarter on twitter: Why would you assume that? As long as it’s purchased new, I would assume that any product would come with the normal warranty.

      • TheFlamingoKing says:

        @icruise: Negative. xtc46 is correct. There are a great deal of manufacturers that do not honor warranties on items sold on eBay, Amazon, etc. Sometimes items must be sold by a licensed seller to receive a warranty.

        For example, I was recently looking for deals on car accessories, and some car batteries and car stereo speakers were not warrantied if you bought them online or not from an authorized seller.

        • Radi0logy says:

          @TheFlamingoKing: That may be how it is done, but if it is true it should rapidly be made illegal to pull that trickery.

          The product purchased through Amazon or Overstock is no different than the marked up stuff that they sell through their “direct channels”, and as long as you have a receipt, the warranty should be honored. And of course, if they really DO sell you a counterfeit, they should be liable.

        • Corporate_guy says:

          @TheFlamingoKing: Overstock is a store. It is not ebay or amazon auctions. In fact Overstock has their own auctions.

          One would assume that any new item bought at overstock would carry the manufacturer warranty. Any item bought on amazon via their store and not their auctions would carry the manufacturer warranty.

          • ribex says:

            @Corporate_guy: Wait, what? Amazon doesn’t have auctions. It has third-party sellers.

          • MercuryPDX says:

            @Corporate_guy: Actually Overstock is most like a store you would find at an Outlet Mall: Irregulars, Factory Refurbs, Discontinued items, and Overruns/Overstocks. These items were for some reason not 100% desirable at their full price from the start, so that’s why they are offered at huge discounts.

            You can’t really warranty/return this stuff beyond 30 days (Their posted return policy), because if something goes wrong Overstock:

             – Can’t replace it with a new one if it’s discontinued and they have no more
             – Fix it again if it’s a refurb because they’re not the manufacturer so they might not get parts or it will cost them money
             – Sell it back to or return the manufacturer if it’s “unwanted/production overrun/overstock” which is WHY the manufacturer sold it to them cheap

            Essentially, Overstock is selling you junk that’s taking up space in their warehouse. The fact that they have a 30 day return policy makes them slightly better than finding this item at a garage sale.

            As far as the OP’s chair: If it is NOT counterfeit, it wound up at Overstock (from Lovesac) for one of the above mentioned reasons. There IS a prominently displayed warranty/Protection Plan drop down right below the quantity on the item page… and an additional chance to get the warranty (if you didn’t before) on the cart page.

            I happen to agree that there should be some kind of text somewhere that says “Products bought here come without a manufacturer’s warranty, but you can buy ours.”, but I would think the last thing they want to do before you click BUY is shake your confidence in the quality of the jun..errr quality items they are selling at closeout/discount/”everything must go” prices.

  2. tbax929 says:

    That picture is AWESOME!

  3. calquist says:

    LoveSacs are heavenly! I know someone who has one and it is so comfortable that I still can’t resist sitting on it even after seeing photos of things done on said LoveSac that can not be named without risk of being banned from commenting on the internets forever.

  4. jozhua says:

    We have LoveSac we bought used. There should be a tag on it with the LoveSac logo. If it’s a ripoff brand I don’t think it would be there. Come to think of it though, it is on the covering. Not sure if there is any identification on the sac itself. Wonder what the warranty claim is for?

  5. chemmy says:

    That sucks. I purchased a Sirius radio (refurb even) on Overstock for less than half price once and about 8 months in, it bricked…. My manufacturers 1-year warranty replaced it – regardless of where I’d purchased it. LoveSac should honor their warranty on their products – provided the buyer can provide proof of purchase date. I don’t buy the “counterfeit” claim.

    • Corporate_guy says:

      @chemmy: My guess is that they are basically considering any items not purchased via an authorized partner to be counterfeit. But technically if overstock did get these via a liquidation of an authorized partner, the items wouldn’t have the manufacturer warranty. The problems is that overstock needs to specify that.

    • balls187 says:

      @chemmy: I call bullshit.

      Many manufacturers won’t cover warranty on items not purchased through officially licensed dealers.

  6. HiPwr says:

    I’ve replaced the driver’s seat in my car with a LoveSac. The seatbelt no longer works, but that’s okay.

  7. eddieck says:

    A love sack? Hmm…

  8. Raekwon says:

    My family used to own a LoveSac store here in Utah and during one of the bankruptcies LoveSac refused to honor any warranties for any of their franchise owners. Basically they told everyone that wasn’t in a corporate store, “You’re screwed.” Most likely Overstock got these from one or many of these franchise stores and while they more than likely are officially licensed LoveSac products because they didn’t come from a corporate store they aren’t warrantied. Do not do business with LoveSac whether through a third party or directly.

  9. Anonymous says:

    Usually Overstock doesn’t actually sell the stuff, they have sellers that actually fill your order. I bought a couple of Seiko watches, they are genuine but grey-market, were never sold in the U.S. as far as I can tell.

    So it may not be just Overstock that’s at fault, but also a vendor, it just depends.

  10. Costner says:

    The retail price on LoveSac’s website was $806?

    Honestly – who would pay $806 for a gigantic beanbag with a soft cover?

    Seriously… it is a beanbag. A huge beanbag, but a beanbag none the less. And it costs $806. I wonder how many square feet of bubble wrap I could buy for $806….probably enough to lay down about 40″ worth throughout my entire family room.

    Sure it might not be a classy as something called a LoveSac, but then again do you really want to be known as owning a piece of “furniture” which goes by a name that any junior high school boy would automatically assume is a part of the male anatomy?

    I can see it now…

    13 Year Old Boy #1: “Hey come jump on my LoveSac”.

    13 Year Old Boy #2: “Yea…that’s what she said”.

    Seriously, do we need to even wonder why they have gone bankrupt?

    • supergaijin says:

      @Costner:
      $806 is out of the question, which is why the same product at Overstock for about $400 after coupons is very attractive.

      And if you haven’t tried a LoveSac, don’t knock it. It’s not like a regular beanbag or roll of bubble wrap. It’s an INCREDIBLY comfortable place sit/lay for a movie or video game session. Our teen kids love it, and we do as well.

      • Costner says:

        @supergaijin: Thats the thing… I actually have tried one (my brother owned one) but I never really understood the fascination.

        I’m not saying people shouldn’t buy them… heck buy whatever you want – I’m merely saying the price they charge for them is asinine. At least if you spend $800 on a couch you know it took a lot of labor to build it and cover it with material etc. With a LoveSac someone just stuffs foam in a bag… not too technical.

    • XTC46 says:

      @Costner: why spend thousands on a couch? Sumo and LoveSac are high quality piecesof furniture, they are just crushed foam stuffed in a bag. But its not differnt than any other piece of furniture others have bought that you dont like.

      • Costner says:

        @xtc46 – thinksmarter on twitter: Who said anything about liking them? I merely commented that the cost is way too high for what you get. I realize most foam is based upon petroleum and therefore the cost of materials is probably a large share of it, but I dare say they are still raping people on the price.

        Factor in their weak story excusing them from basic warranty coverage and you aren’t going to convince me this was a wise purchase.

    • negitoro says:

      @Costner: Lovesac’s aren’t beanbags. They’re filled with foam.

      Plus the $806 one is the model that seats like 3 people. If you’ve ever seen one in person, it’s HUGE.

      Even if a little pricey, it’s more comfortable than some couches in the same price range.

    • Traveshamockery says:

      @Costner: They don’t have styrofoam beans inside, but some sort of foam made out of the clouds that line heaven’s streets. Smuggling that stuff out from under the nose of the Almighty is expensive.

  11. dosdelon says:

    Welcome… to the Twilight Zone…

  12. PunditGuy says:

    I’m guessing that a problem with one of these that requires warranty service could be fixed with a needle and thread. Unless there’s a microprocessor and fine circuitry in there.

  13. fantomesq says:

    First things first. If its not an authentic LoveSac, you have a case against Overstock for misrepresentation but nothing against LoveSac.

    If it is an authentic LoveSac, you have at minimum a 90-day warranty (both implied warranty of merchantability and their express warranty stated on their website ([www.lovesac.com]). The website warranty details make no claims that the LoveSac must be purchased through an authorized dealer, so the warranty should be good from wherever you purchased it (unless disclaimed)

    The bankruptcies cloud the issue though. If this product was manufactured before LoveSac declared bankruptcy, their liability for the warranty repair may have been discharged as part of that bankruptcy leaving you out of luck. The LoveSac you are dealing with may not even be the same legal entity now that manufactured your chair. Overstock may WELL have received their product from a bankruptcy liquidation of inventory, so this may be the case.

    Now if Overstock failed to disclose this fact to you, you may have a case and you may have a case for the implied warranty of merchantability against Overstock, especially since it occurred within 90 days of purchase, which is probably why they handled your issue.

    • fantomesq says:

      @fantomesq: Oh and register your LoveSac now to activate the 3-year or lifetime warranty.

      • supergaijin says:

        @fantomesq:
        Registering an Overstock LoveSac still gives you no warranty at all. You don’t get the 3 year warranty.

        • fantomesq says:

          @supergaijin: What you are saying is that LoveSac will not HONOR attempts to register an LoveSac purchased from Overstock. If this is true, the LoveSac is genuine and this warranty is not otherwise disclaimed, then the OP would have a strong case against LoveSac.

    • Reeve says:

      @fantomesq:
      This person has already been made whole so it is not clear why you are analyzing the OP’s potential claims.

      Nevertheless, the implied warranty of merchantability adds a term to the contract that goods are fit for there ordinary use. It would seem in this case that when the goods were bought they were fit for there ordinary use. The OP states that a few months later they had a problem. Depending on what the defect is the implied warranty of merchantability may not be applicable.

      A possible better claim may arise under the UCC’s perfect tender rule whereby if the defect was present when the item was delivered the OP may still be able to reject the goods if the defect was difficult to discover and the OP communicated rejection within a reasonable time of discovering the defect. However, as with the implied warranty of merchantability analysis, it is difficult to determine whether this may be used without more information and is moot considering the OP has been made whole.

      • fantomesq says:

        @Reeve: Correct, but in that case the entire posting is moot as well.

        The analysis was in hopes that others in a similar situation might be able to benefit as these stories are archived and referred to as other issues arise.

        The perfect tender rule MIGHT provide a claim, if the defect was present when received, just difficult to detect, rather than developing later but this also would be against Overstock, not LoveSac.

        The superior claim appears to be a warranty claim against LoveSac and since settling the claim would be cheaper for LoveSac than contesting it, it is also the most fruitful.

        • Reeve says:

          @fantomesq:
          I do agree. I really would hope that most people in a small transaction like this would try to work it out with the company but if all else fails go to small claims court. Small claims in most states is very user friendly and companies often will offer to settle these types of things as they are not worth fighting (especially if the consumer has a colorable claim).

    • Traveshamockery says:

      @fantomesq: Or read the article and find out that Overstock.com already made it right, but it was just a pain in the process. That’s an option too.

      • fantomesq says:

        @Travishamockery: I read the article. If you had read through the comment three responses above (and three hours before) yours, you would have seen that. The analysis is still valid, especially since the warranty issue may still come into play if he runs into other issues and others may well be affected by the same issue.

  14. JulesNoctambule says:

    LoveSac. Seriously??

  15. RobertBaron says:

    I miss the Overstock commercial girl. Whoever she was, she was a hot, classy-looking older broad.

  16. Luke Langford says:

    It is possible that while they aren’t “counterfeit” in the sense that they are made by an unauthorized manufacturer, it could be that they are “grey market” products, made unofficially by the factory.

    Controlling production is a HUGE problem. Many brand owners fail at preventing factories overseas from running a “third shift” that produces the EXACT same goods, but channels them to the black or gray market, from which they might be able to end up on Overstock.com

    Perhaps this is one such case. If it is, the LoveSac could even have a tag and be *EXACTLY* like a “real” one (as, it basically would be)

    • lannister80 says:

      @Luke Langford: Sounds like the manufacturer’s problem, not the customer’s.

    • Reeve says:

      @Luke Langford:
      In that case I feel that the company is on the hook for not properly controlling its factories.

    • supergaijin says:

      @Luke Langford:

      Possible, but unlikely. Overstock said they get these at liquidations, implying that they got them from franchisees or corporate in prior LoveSac bankruptcies. See the post above where the franchisee with a store said that LoveSac screwed him and his customers (and by extension LoveSac’s customers) in a prior bankruptcy.

  17. trujunglist says:

    Ok first, let me just start with a joke about the Love Sac probably holding balls, because well, bean bags are generally filled with balls, and so are Love Sacs. Yeaaaahhhh..

    Now that that’s out of the way, can’t you go after Overstock.com if it really is counterfeit? They sold you bogus goods with the implication that it was a real LoveSac. I’m pretty sure that’s highly illegal and considered a scam. I’d say that they at the very least owe you a substantial amount of money for the difference in price between the counterfeit ($10 is the going rate for counterfeit crap on the streets of Chicago so I’d say $10 is fair for a giant bean bag) and the real thing. So… I guess I’m confused.. Did Overstock admit to you that it was a counterfeit? If it is.. uhhhhhhhhh… crazy refund time…

  18. Anonymous says:

    The fact that Overstock and LoveSac are both based in Salt Lake City UT could further indicate the former’s stock is genuine and was obtained through a bankruptcy liquidation.

  19. Microxot says:

    What is it with LoveSac beanbags and Schnauzers? I did a doubletake of the picture for this article. I also have a salt n pepper mini schnauzer that also believes that the beanbag is her personal bed.

  20. Eric Alexander says:

    Hey there everyone, long time reader here, first time poster.

    This is very interesting that I came upon this article. I purchased a lovesac from overstock (the big one) back in The end of December when I saw they were cheap. I got it and it has worked fine, but there has always been something off about it. My roommate has a lovesac she has had for several years as well as my girlfriend has one too and for some reason I have always swore mine felt differently. Like the cover wasn’t quite as soft and that the foam wasn’t as supportive. Mine always felt saggier and didn’t sit me as high up in the air as theirs did, almost like it did not have enough foam in it. I always just assumed it was my imagination, but then today I see this.

    Now I’m not really sure where to go from here after reading this, but after seeing this story I can only assume I must have a counterfeit lovesac that I was sold and led to believe it was real. I always felt crazy for thinking they were different but after reading this it finally all makes sense. What should I do?

    • alyssariffic says:

      @Eric Alexander: I’m in the exact same situation. I purchased the Supersac from them in April. I didn’t unpack it until June due to a move (bought it because I was going to get one anyway and couldn’t resist the price). Ever since I got it it didn’t seem like it fluffed up as much as those from Lovesac, but I just assumed the ones in the store were stuffed a bit better to sell. I’m very interested in seeing where this story goes.

      • Eric Alexander says:

        @alyssariffic:

        Wow it feels good to know that this wasn’t just my imagination all along.

        When your sac arrived did it come in a lovesac duffel bag, or just in a cardboard box? Mine came in a box, and I was surprised because I had done lots of research before purchasing, and everything I had always seen showed them compressed and arriving in a black duffel bag that that said “lovesac” on the side. I kind of just blew it off that it didn’t come in the bag cause I never dreamed they would sell me a counterfeit.

        I can take pictures side by side of mine and my roommates and the difference is huge in how round and firm hers is compared to how flat and pancake mine is like, especially after you sit in it a while. I paid 450$ for this and thought I was getting a great deal but now I feel like I got screwed. Perhaps I could contact them and ask for a refund for around 250 dollars? I am still happy with this one but I could have bought any knock off for around 200 dollars, but I paid more assuming I was getting the real thing. Now I’m just stuck with an overpriced saggy no warrantied knock off.

        • alyssariffic says:

          @Eric Alexander: Mine came in an exploding cardboard box, and I was also surprised to see it wasn’t one of those cube shaped bags that you see in the store. I figured that was what I get for getting it at overstock, but assumed it was still the same product for the rest of it. Mine gets flat very easily. It’s comfortable initially, but has to be fluffed on a daily basis or after sitting for a long time to remain comfortable. It’s nothing like the ones in the store though. I emailed Lovesac’s warranty site as well to hopefully get some sort of confirmation that these are counterfeit, because if they are I’m definitely going to take it up with Overstock or try to charge back if that fails.

          • supergaijin says:

            @alyssariffic:

            Follow up here with what you find out (if anything). I’m very interested to know if LoveSac has anything to bakc up their counterfeit claims.

          • Eric Alexander says:

            @alyssariffic:

            Maybe I’ll try the same, it appears we both got duped. Mine has to be fluffed daily as well, or it becomes flat and firm. I use mine as a bed actually, and when I lay down on it after fluffing it, it doesn’t take long for it to basically become a giant hot dog bun around me as I sink into a trench caused by the weight of my body. I’ve gotten used to it and basically learned to roll around on it before I go to bed to make it uniformly flat, but that’s something I definitely shouldn’t have to do for 450 dollars.

            • alyssariffic says:

              @Eric Alexander: I contacted Lovesac and they told me that “they are not authentic Lovesacs.” So… time to contact Overstock and see what they say.

            • alyssariffic says:

              @Eric Alexander: I got a refund and Overstock paying for return shipping. Use their online chat and mention Lovesac telling you that they’re counterfeit. They’ll probably offer an “up to 80% refund.” In my case, they told me that “they never say in the description that it’s manufactured by lovesac” at which point I pointed out it’s a trademarked term, so if they’re selling fakes then they’re infringing on Lovesac’s trademarks too. That seemed to turn them around. If you mention chargeback they’ll offer a full refund + shipping. If you want the full chat log email alyssa@wpi.edu.

    • silver-bolt says:

      @Eric Alexander: As for the supporting and not sitting you up as high or fluffing up, have you considered the amount of time you, a full grown male, sits in it to the amount of time that they, two females, sit in theirs? If you sit in it every day, and they sit in theirs twice a week, you will break it in sooner, and make it defluff (Like my now flat throw pillows, which I use as regular pillows, compared to the wify’s still plump ones.)

  21. eddieck says:

    If this is a real LoveSac, what about your credit card company? You may be able to dispute the charge from Overstock (depends on how they represented the item – if they stated it had a warranty – or if it’s fake) OR you may have a warranty from your credit card company. American Express does this.

  22. jstonemo says:

    Am I the only one laughing when I see the word LoveSac?

    Immaturity FTW!

  23. jokono says:

    Two weeks ago, I went to the local exotic pet shop and bought the lemur monkey I’ve always wanted. Long story –> short, after having to repair several holes in my upholstery, I finally had his love sac removed. The procedure was a little expensive, but well worth the cost.

  24. MsAnthropy says:

    $806 for a frigging beanbag…???

    I am speechless.

  25. Anonymous says:

    I have a 5 foot diameter Love Sac in my family room. The kids love it. It is comfortable to sit on when watching TV, playing video games, reading, or taking a nap. The dog sits on it when we are not around.

    My wife still calls it my $500 beanbag when people come over. I have had it for 5 years, and the only problem with it is that it is difficult to move it since it is so heavy and bulky.

  26. backbroken says:

    People are spending $400 on bean bags and talking about what great deals they got?

    Your economic recession does not look like your grandparents economic recession.

  27. Michael Norton says:

    Is that a cairn terrier in that picture? Because that’s the kind of dog I have!

  28. gman863 says:

    Having worked in the furniture business, the devil is often in the fine print of the warranty details.

    Unlike most other consumer goods (cars, electronics, etc.), furniture manufacturers usually require the selling dealer to provide and eat the cost of the labor associated with a warranty claim. If a $5 spring breaks in your sofa, the manufacturer sends one to the selling dealer who in turn has to pay the tech $50 or more to replace it.

    While working at a furniture store in Alabama, I purchased a $1500 retail mattress set at dealer cost. Three years later – after I had moved to Texas – the springs failed. After bitching to the manufacturer for almost three months, they finally agreed to replace it, so long as I paid a “shipping fee” of several hundred dollars.

    Realizing how crappy the product was, I cut my losses and bought a decent brand. The manufacturer in question has since declared bankruptcy, so I doubt I would have received a new mattress even if I had paid for the shipping.

  29. kabuk1 says:

    dude, thousands of dollars for a sack of foam??? are they serious? who the hell would blow that kind of money on a beanbag chair. id rather have an SRT engine for my car!

  30. quail says:

    Wasn’t lovesac’s business model to build social cache into their expensive beanbag chairs? I went into one of their stores and it was lined with artsy photos of celebrities sitting around in the beanbag. I got the feeling that a good $200 in the price of the chair had to be going to pay for all of that marketing.

  31. Dennis says:

    The only “counterfeit” lawsuit I could find regarding LoveSac was against “Markos & Widly, Inc., d/b/a Elite Products”. I could find no mention of Overstock.com, but maybe that’s where these products allegedly came from?

    [www.americanfurniturealliance.com]

    • Dennis says:

      I should have said that the lawsuit was not really related to “counterfeits” per se, it seems to have had something to do with a trademark dispute.

  32. Cafezinha says:

    I didn’t even know there was another spendy beanbag company on the market–figured Corda-Roys had that covered.

    (And I love my giant beanbag chair and giant beanbag sofa from them.)

    Actually, “beanbag” is kind of misleading name, since both brands are filled with squashy foam–no styrofoam or other hard material beads in there.

  33. alyssariffic says:

    So here’s what happened, according to someone in a lovesac store I spoke to. I guess they had a distributor who started using poor quality foam. Lovesac fired the distributor and asked for their covers to be returned. Instead of returning the merchandise, the distributor filled them with poor quality foam and sold it all to Overstock, which is why the item looks like a lovesac, but doesn’t feel like the same quality. If you bought one, you can buy the foam in 10 pound increments (IMO, you’d be best to buy and replace it all, that’s what I’m doing). In the store I went to, they sold me it for $10 / 10 pounds, though they normally sell it for $15, and it’s $45 online.

    • supergaijin says:

      @alyssariffic:
      Was the replacement foam you got shredded/torn up like the foam in the sacs from Overstock, or cut/cubed?

      Will any LoveSac store sell you foam for $15? $45 on the website is outrageous.

      • alyssariffic says:

        @supergaijin: I still haven’t gotten the foam yet, they had to place a special order since they didn’t have 70 pounds of it. But they said most stores sell things cheaper than online. I just got it for $10 since I was also getting a cover.