535i Andrew

Damaged sofa - consumer rights

14 posts in this topic

We walked into a furniture shop at the beginning of April this year and put a deposit down on a leather sofa and matching foot stool.

 

We were told delivery would be around 11 weeks. Fair enough

 

Sofa is delivered in July and it is damaged on the side. Delivery driver unwrapped it after bring it into the room. He calls store to tell them it's damaged. Someone will visit on 01/08. Several weeks later, not impressed.

 

We sent photos of damage to store, they phone to say they will repair it after assessing my photos.

 

We have concerns over the fact that leather may be totally different from rest of sofa.

 

They phone today to tell me that replacement parts will be here at the end of September.

 

I tell them that is not acceptable to wait that long for a repair after having already waited 3 months for it and if the leather doesn't match we have lost another 3 months. I remind them that we have paid up in full.

 

I tell them that I want a new sofa ordered today or the old one taken away for a full refund.

 

I've called my bank for advice. As I paid on a visa debit card and not a credit card, I may not have the same options open.

 

Am I being reasonable? Thoughts?

 

Thanks

 

Share this post


Link to post
Share on other sites

In the circumstances I think that you are entitled to reject the sofa and ask for a refund but this may leave you without any sofa. I guess the problem arises from the fact that this sort of stuff is made to order and there is not a stock from which a replacement can be immediately supplied. The store which supplied the sofa does not seem to have much of an idea of customer service and has failed to reassure you that the matter will be resolved satisfactorily. I don't think that a leather match is likely to be a problem especially as the damage is to the side but you might advise the store that you reserve the right to reject the item if the repair is unsatisfactory and at the same time enquire as to how they propose to recompense you for the inconvenience that you have suffered.

Share this post


Link to post
Share on other sites

Thanks Steve. I have done.

 

We are also getting a wooden surround to our new fire installed. It was damaged on installation, installers basically have said yeah hands up, our fault we will sort it. And they are in the process of doing so and are being very good about it.

 

But the big difference is we have not paid a penny for the fire or the wooden surround yet!

Share this post


Link to post
Share on other sites

This is not helpful - but It frustrates me how difficult it is to get the right people with the right skill set, passion and pride. In recent years, particularity for someone like me who pays great attention to detail, I find it has become the norm for people to not deliver a service/product they promised. Why should you have to have a brand new Sofa repaired? It is principles for me, its not like you made an qualms with payment. 

 

The meaning of "a mans word or mans pride" is not living up to its expectations. 

535i Andrew and 740mick like this

Share this post


Link to post
Share on other sites
10 minutes ago, Mr_530i said:

Why should you have to have a brand new Sofa repaired?

 

Exactly.

 

As an Engineer I have an eye for the details too and it irks me something rotten when they are wrong? Or is that my OCD?:D

 

Mr_530i likes this

Share this post


Link to post
Share on other sites
11 minutes ago, Mr_530i said:

Wish I didn't care as much than life would seem so much better. 

 

Lol yeah!

 

 

Share this post


Link to post
Share on other sites

I'd say you're being entirely reasonable. The 11 week wait for the item isn't uncommon with furniture, but the store is out of order expecting you to wait another 10-11 days for it to be examined especially if they are reasonably local to you.

I think it unlikely they'll get a good colour match on a repair unless the cover a whole section or it's done by a leather professional.

Use of a debit card may weaken your case a bit but not too sure these days. I usually get my Mrs on the case in this sort of situation. Takes a lot to get her fired up but when she does....stand back.

Good luck.

 

Sent from my Vodafone Smart ultra 6 using Tapatalk

 

 

535i Andrew likes this

Share this post


Link to post
Share on other sites

 

Had sofa shop manager on the phone proposing a third option.

 

Repair at end of September with offer of £300 return. If we are not satisfied with repair new sofa ordered but delivery time is less at that time of year as they notch it up a bit so you can get your new sofa in time for Christmas.

 

Manager will confirm above in writing (a first!) and we will confirm our wishes early next week in reply.

 

Waiting for the Mrs to see what she thinks of that.....she is at work so I'm out of the blast zone. At least she isn't mad at me.

 

15 minutes ago, pidgeonpost said:

I usually get my Mrs on the case in this sort of situation. Takes a lot to get her fired up but when she does....stand back

Edited by 535i Andrew

Share this post


Link to post
Share on other sites

Fair play to the delivery driver. At least he unpacked it so you could inspect it. I hope he offered to take the packaging away too. I think you are being more than reasonable. I would have refused it, told him to put it back on the truck and asked for an immediate refund in full.  

Share this post


Link to post
Share on other sites

Back in the distant past we ordered a bathroom suite. It took seven deliveries before we got the bath in the right colour, right design, undamaged.  By then the time I had planned to install it had long gone. It sat in the garage for the next year!

Share this post


Link to post
Share on other sites
2 hours ago, whiskychaser said:

Fair play to the delivery driver. At least he unpacked it so you could inspect it. I hope he offered to take the packaging away too. I think you are being more than reasonable. I would have refused it, told him to put it back on the truck and asked for an immediate refund in full.  

 

He did take all the rubbish away. The wife says she should have sent it away but didn't say so at the time......

 

I suspect that if they had taken it away, it would have got repaired in a shed with the bits that are currently on order and then brought back to us.

Share this post


Link to post
Share on other sites

Sale of Goods Act, simples: Goods must be 1) As described 2) Of satisfactory quality, 3) Fit for purpose

 

Note however that the right to reject goods and get a full refund only lasts for a relatively short time after which a buyer is deemed to have 'accepted' goods. This doesn't mean that the buyer has no legal redress against the seller, just that he/she isn't entitled to a full refund.

Instead a buyer is first and foremost entitled to have the goods repaired or replaced. If these remedies are inappropriate, then you're entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).

Share this post


Link to post
Share on other sites

It's a bit like getting a scratch on a new-to-you car. The repair guy may be the best in the land, and the repair will be invisible to everyone including yourself, but if like me you're a bit OCD you'll know it's there!

 

Sent from my Vodafone Smart ultra 6 using Tapatalk

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now