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)
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Comments:
That picture is AWESOME!
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.
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?
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.
I've replaced the driver's seat in my car with a LoveSac. The seatbelt no longer works, but that's okay.
A love sack? Hmm...
@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.
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.
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.
@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.
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?
Welcome... to the Twilight Zone...
@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.
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.
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.
LoveSac. Seriously??
I miss the Overstock commercial girl. Whoever she was, she was a hot, classy-looking older broad.
@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: 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.
@RobertBaron: The one that kept talking about Overstock, "The Big O?" Yeah. I think my husband misses her commercials too.
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)
@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.
@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:
Registering an Overstock LoveSac still gives you no warranty at all. You don't get the 3 year warranty.
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...
@Luke Langford:
In that case I feel that the company is on the hook for not properly controlling its factories.
@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.
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.
@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.
@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.
@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).
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.
@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.
@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.
@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.
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.
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?
@RobertBaron: I detest the ones with the girl and the guy who sing the country songs, though. My husband and I make fun of them so hardcore.
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.
Am I the only one laughing when I see the word LoveSac?
Immaturity FTW!
isnt this a pretty common practice? I always assumed nothing coming from a large discounter would be covered by warranty...