Urgent. Please help. Sofa deliverd with unseen manufacturing fault. Consumer rights
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Two sofas arrived on Weds 15.10.2014 at 10.30 am. The delivery company unpacked and placed them into position. I slid them out of position slightly so that I could walk around them to check for faults but everything was fine. Beautiful sofas and very friendly delivery men. I signed the paper work.
Two hours later I decided to move them to different areas in the room, so I slid the three seater sofa out, by holding the back with one hand and under the edge of the arm with the other. However, the sofa soddenly lifted a few inches of the floor and the whole length of frame wobbled but the opposite arm stayed solid on the floor. However when I go to the opposite side of the three seater to carry out the same act it slides out as expected, no lift or wobble. So in a panic I tried the two seater and that was the same with slight give but not nearly as bad. Therefore I immediately emailed the company to let them know. I heard nothing for an hour so I phoned and spoke to Luke the sales assistant.
He replied that he and his colleague were just reading the email and they had never heard anything like my situation before. I politely said that I wanted a no fuss refund as they were faulty goods. He said it doesn’t happen like that as a technician needs to come out and see them. I had no option but to agree. I also received an email explaining they would normally ask for photo images but as it was an unseen fault the company recognised that this can’t be done.
I received a phone all at 4.30pm from a lady to book me in for the technician. The only date offered was Thursday 23rd Oct (8 days later) so I had to accept. I emailed the company to let them know and I heard nothing back to console me. I therefore sent an email Sunday evening 7.00pm, explaining that I was not happy about having to wait so long for a technician and that not only does the two seater sofa have the aforementioned issue but it has developed a further fault as it creaks very, very badly, after only two hours of use. I also mentioned that I still wanted a refund. I still haven’t heard anything back.
In all honesty, I would accept a replacement if it was just the one sofa, as anything new can have a fault, however as it is both sofas what are the chances of there being one that isn’t faulty, or will become faulty shortly after delivery, as in the creaks in the two seater. I genuinely feel that there is a serious issue with the company therefore I want a refund for faulty goods.
Please can anyone tell me if I can I ask for a full refund, is the return postage cost put on to me as it was faulty products? Are my rights being affected?
I tried to order the exact model from leather, studding, feet and it was ordered online, however I couldn’t complete the order therefore I was directed to calling the company then I ordered there and then over the phone .
I paid £2,299 for both sofas including £40 delivery, 50% upfront then 50% before delivery, both payments by Visa debit card. Thank you.
The small print clearly states-:
1.5.3 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof. To ensure your claim is not rejected please make a note of any damage on the signed delivery note or in writing within 48 hours of delivery.
1.6. Returns and Refunds We will accept the cancellation of an order subject to the following conditions: 1.6.1. the Goods must not have been made to your specification or otherwise personalised to your requirements and your order was not placed following a showroom visit. 1.6.2. If you wish to cancel the order, and have not seen the Goods in our showroom before placing your order, you must notify us of your wish to cancel no later than 7 days after delivery, by email at ........ or by letter delivered to our showroom by recorded delivery.
1.6.5 The Goods must have a U.K. Mainland delivery address. 1.6.6 If these conditions are satisfied, we will refund the price of the Goods and the refund will be paid to you within 30 days of the date of cancellation. Your refund will be less £225 per suite (up to 4 seats) to cover the transport costs. (U.K. Mainland deliveries only) 1.6.7 If you cancel, you are obliged to take reasonable care of any Goods delivered to you, which must be kept in a never been used condition. 1.6.8 We aim to credit any monies arising from returns to your bank account within 30 days.
1.6.9. In the unlikely event of a manufacturing fault or transit damage, all faults will be repaired in situ wherever possible, otherwise we will collect for factory repair; if beyond repair we will offer a replacement free of charge. If you wish to return the item this will incur the standard return delivery charge. (U.K. mainland deliveries only)
1.6.10. If you wish to return an item for any reason this will incur a return delivery charge. This will be deducted from any monies due to be credited to you. This includes items returned because they did not fit in your home. A stool incurs a £60 transport charge; a sofa up to 4str size, incurs a £225 transport charge. (UK Mainland Deliveries only).
UPDATE=Goodbye to the 1 yr old creaky sofa from The Chesterfield Company in Manchester.
My PAXTON BLACK LEATHER CHESTERFIELD, Black Premium Aniline, 2 seater sofa, with chrome studs, is at its worst and time to be replaced. Beautiful looking sofa too, stunning! Hasn't worsened in looks but has to go because of the loudness of the dry loud creak/squeak/boingy noise from both seats ( oh my goodness you've never heard anything like it lol!) and the embarrassment caused to visitors sitting on it has been hilarious!
Just to let people know- Maybe I'll keep the 3 seater for now although it is a bit useless and embarrassing, as only one seat can actually be used to sit on, due to the earlier mentioned fault ( when seated on the left seat you slide down to the middle of the sofa, virtually onto the person sat next to you, rubbing shoulders, bit like being on a a slide and sliding sideways) but it works for now, and it is also beautiful looking piece.
The leather on both has been great, like a buttery smooth effect which I would choose again, but obviously from a different company.
I'm off to look for a new one, should be easy to match and I will donate the other, or maybe that's an insult, I'll have to think about it.
Good Luck to the sofa buyers and I genuinely hope that you have a better experience than I did. Thank you to everyone's for their advice in the matter.
Two hours later I decided to move them to different areas in the room, so I slid the three seater sofa out, by holding the back with one hand and under the edge of the arm with the other. However, the sofa soddenly lifted a few inches of the floor and the whole length of frame wobbled but the opposite arm stayed solid on the floor. However when I go to the opposite side of the three seater to carry out the same act it slides out as expected, no lift or wobble. So in a panic I tried the two seater and that was the same with slight give but not nearly as bad. Therefore I immediately emailed the company to let them know. I heard nothing for an hour so I phoned and spoke to Luke the sales assistant.
He replied that he and his colleague were just reading the email and they had never heard anything like my situation before. I politely said that I wanted a no fuss refund as they were faulty goods. He said it doesn’t happen like that as a technician needs to come out and see them. I had no option but to agree. I also received an email explaining they would normally ask for photo images but as it was an unseen fault the company recognised that this can’t be done.
I received a phone all at 4.30pm from a lady to book me in for the technician. The only date offered was Thursday 23rd Oct (8 days later) so I had to accept. I emailed the company to let them know and I heard nothing back to console me. I therefore sent an email Sunday evening 7.00pm, explaining that I was not happy about having to wait so long for a technician and that not only does the two seater sofa have the aforementioned issue but it has developed a further fault as it creaks very, very badly, after only two hours of use. I also mentioned that I still wanted a refund. I still haven’t heard anything back.
In all honesty, I would accept a replacement if it was just the one sofa, as anything new can have a fault, however as it is both sofas what are the chances of there being one that isn’t faulty, or will become faulty shortly after delivery, as in the creaks in the two seater. I genuinely feel that there is a serious issue with the company therefore I want a refund for faulty goods.
Please can anyone tell me if I can I ask for a full refund, is the return postage cost put on to me as it was faulty products? Are my rights being affected?
I tried to order the exact model from leather, studding, feet and it was ordered online, however I couldn’t complete the order therefore I was directed to calling the company then I ordered there and then over the phone .
I paid £2,299 for both sofas including £40 delivery, 50% upfront then 50% before delivery, both payments by Visa debit card. Thank you.
The small print clearly states-:
1.5.3 If we accidentally damage goods in the course of delivery, then our liability for that damage is limited to the repair, refund or replacement of the goods or the value thereof. To ensure your claim is not rejected please make a note of any damage on the signed delivery note or in writing within 48 hours of delivery.
1.6. Returns and Refunds We will accept the cancellation of an order subject to the following conditions: 1.6.1. the Goods must not have been made to your specification or otherwise personalised to your requirements and your order was not placed following a showroom visit. 1.6.2. If you wish to cancel the order, and have not seen the Goods in our showroom before placing your order, you must notify us of your wish to cancel no later than 7 days after delivery, by email at ........ or by letter delivered to our showroom by recorded delivery.
1.6.5 The Goods must have a U.K. Mainland delivery address. 1.6.6 If these conditions are satisfied, we will refund the price of the Goods and the refund will be paid to you within 30 days of the date of cancellation. Your refund will be less £225 per suite (up to 4 seats) to cover the transport costs. (U.K. Mainland deliveries only) 1.6.7 If you cancel, you are obliged to take reasonable care of any Goods delivered to you, which must be kept in a never been used condition. 1.6.8 We aim to credit any monies arising from returns to your bank account within 30 days.
1.6.9. In the unlikely event of a manufacturing fault or transit damage, all faults will be repaired in situ wherever possible, otherwise we will collect for factory repair; if beyond repair we will offer a replacement free of charge. If you wish to return the item this will incur the standard return delivery charge. (U.K. mainland deliveries only)
1.6.10. If you wish to return an item for any reason this will incur a return delivery charge. This will be deducted from any monies due to be credited to you. This includes items returned because they did not fit in your home. A stool incurs a £60 transport charge; a sofa up to 4str size, incurs a £225 transport charge. (UK Mainland Deliveries only).
UPDATE=Goodbye to the 1 yr old creaky sofa from The Chesterfield Company in Manchester.
My PAXTON BLACK LEATHER CHESTERFIELD, Black Premium Aniline, 2 seater sofa, with chrome studs, is at its worst and time to be replaced. Beautiful looking sofa too, stunning! Hasn't worsened in looks but has to go because of the loudness of the dry loud creak/squeak/boingy noise from both seats ( oh my goodness you've never heard anything like it lol!) and the embarrassment caused to visitors sitting on it has been hilarious!
Just to let people know- Maybe I'll keep the 3 seater for now although it is a bit useless and embarrassing, as only one seat can actually be used to sit on, due to the earlier mentioned fault ( when seated on the left seat you slide down to the middle of the sofa, virtually onto the person sat next to you, rubbing shoulders, bit like being on a a slide and sliding sideways) but it works for now, and it is also beautiful looking piece.
The leather on both has been great, like a buttery smooth effect which I would choose again, but obviously from a different company.
I'm off to look for a new one, should be easy to match and I will donate the other, or maybe that's an insult, I'll have to think about it.
Good Luck to the sofa buyers and I genuinely hope that you have a better experience than I did. Thank you to everyone's for their advice in the matter.
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Comments
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You explicitly want to say that you are rejecting the goods under the sales of goods act.
They are entitled to inspect the goods to ensure that they are indeed faulty and this isnt either (a) normal or (b) damage that you have caused.
Assuming it is faulty then you're entitled to get a full refund including the cost of returning the items.0 -
Sounds possible that the bolts holding the arms to the base and back haven't been tightened sufficiently. If so it's an easy fix.0
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Thank you for your reply.
I take that you are a sofa manufacturer.
This company has very good comunication before sales and during manufacturing , but won't reply to my emails after delivery. I genuinely feel that a refund is called for here. If the company can't come out in a day or two to view it, ensure that it tightens the screws on a £2300 suite which is also now creaking then what kind of company is it. What further faults will appear in another week or so.
Thanks again.0 -
I cannot see what the fault is.
Most cheap sofas will bend a bit if you just lift one side up.0 -
To be fair, I wouldn't call £2300 for two sofas cheap.0
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Thanks
There's not a bit of movement it is a lot. Solid beech frame, I expected better. Family run business, boasts British frame, British hides and British craftmanship.0 -
Hi InsideInsurance.
Please can you and everyone else on this wonderful forum help with more expert advise as I have received an email in response to one I sent to the company on Sunday. It reads-
Hi,
Further to your email and letter dated the 20/10/14. We apologise for the delay in response we have been experiencing some technical issues with our email service.
Under the sale of goods act if an item is faulty we are obligated to offer a repair, replacement or refund. In line with our terms and conditions we would always offer repair in the first instance and therefore a technician has been instructed to visit your home.
Unfortunately the technicians are not in every area every day and therefore there can be a slight delay between reporting an issue and the date of a home visit. It's correct that we've never had a complaint of this nature previously however we understand that it can be difficult to explain exactly what the issue is. There shouldn't be excessive give in the frame; there is some tolerance of movement as this is a handmade product made with flexible materials. However your statement that only one side lifts when lifted from that side only is normal as this is a heavy product. We'd recommend if the sofa needs to be moved that two people should move it, one from each end.
Given the bespoke nature of your order (you've requested chrome studs rather than the standard renaissance studs) your order is not subject to our usual returns policy.
Kind Regards
I don't know how they can say this especially as we have just got rid of a fifteen year old Saxon manufactured solid frame suite, due to its colour nothing else, never a creak or a wobble.
Please advise as to what I should do next. Technician due on Thursday.
Thank you.0 -
The retailers choice of repair, replace or refund only comes about once the goods are deemed to be accepted hence the advice is to explicitly reject the goods under the sales of goods act.
See http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act
When acceptance comes about is debatable and will depend on the circumstances. Typically it will be considered to have happened within a few days to a couple of weeks however there are certain circumstances that can extend that window, eg you buy an item for an explicit purpose/ event and dont inspect it until that time comes about, the example that one consumer rights website gives is the lawn mower bought in the depths of winter, left in the garage unopened until spring and found to be faulty once unpacking it for the first time0 -
Hi,
Further to your email and letter dated the 20/10/14. We apologise for the delay in response we have been experiencing some technical issues with our email service.
Under the sale of goods act if an item is faulty we are obligated to offer a repair, replacement or refund. In line with our terms and conditions we would always offer repair in the first instance and therefore a technician has been instructed to visit your home.
Whilst that is correct, it is only correct for goods that become faulty after the consumer has accepted them.
Acceptance doesn't simply mean that you have taken possession of the goods as you are allowed to inspect and test the goods after delivery to check that they are as described and in conformity with the contract.
If they are faulty when delivered or within a reasonable time afterwards, you are legally entitled to reject them for a full refund.
http://www.legislation.gov.uk/ukpga/1979/54S34 & 36 SOGA
Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with
the contract
Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.0 -
Hi again InsideInsurance,
I want to be prepared for tomorrows visit from the companies Technician.
What is the process, will he/she ask me questions or just get down to examining the sofas, will I have to/should I sign anything?
Thank you.0
This discussion has been closed.
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