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    • shilen
    • By shilen 12th Jun 17, 10:43 PM
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    shilen
    Sofa Consumer Rights- Invalid contract?
    • #1
    • 12th Jun 17, 10:43 PM
    Sofa Consumer Rights- Invalid contract? 12th Jun 17 at 10:43 PM
    My wife and I recently (May 17) went to the Grand Designs Exhibition and were on the look out for a sofa. She had a specific company (Natuzzi) and shape, fabric etc in mind.

    We visited the sofa company (Company name: Designer Sofa) at the exhibition 4 times over the 2 days. They were helpful and even let us take their fabric samples away as we live close by. The sales woman was good, knowledgable and very helpful. She knew exactly what we wanted. We eventually agreed upon a design and fabric. We paid 50% deposit and the rest which would be paid over 10 month from delivery date.

    To cut a long story short, we had some concerns with the invoice as it seems the document is written more for the manufacturers purposes than for the customer contract. The description is in code and has no lay language to suggest what we have bought. We were reassured by the sales lady at the time and we had confidence in her. Heres the painfully funny part, It turns out that the information on the invoice is for the mirror image of the sofa we want!

    We spoke to them and the company refuse all responsibility, I completely understand people can make mistakes but even when I managed to speak to the original sales woman, she disagrees with our memory of the discussions about the sofa. I was somewhat surprised that they were so adamant to refuse to take some responsibility or barring that, offer a solution. It was only after several phone calls to them that the manager mentioned that as the sofa is a modular sofa, we can buy some more of the parts necessary to create what we want. This will increase the spend by £1200.

    I did have concerns with the invoice and expressed this to them at the time of signing, only to be reassured that the details had been filled out correctly. I have been thinking about how an invoice which is not in lay language can stand. The manager went just short of humiliating me by asking how did you sign a contract you didn't understand? When I replied that I highlighted my concerns and was reassured by the sales woman, he replied, "Ok so you did understand the contract and therefore its your fault". This went round in circles for a few minutes.

    I am struggling to understand how the Invoice can be considered valid when it contains indecipherable code/jargon. A little insight into my concern: I am a medical professional who carries out procedures and uses consent forms almost everyday. In my mind, the lady knew what we wanted (Verbal consent), I believe she made an error transcribing this to the invoice. In my profession, in order for consent to be considered informed and valid, my consent forms have to be written in a way that the patient can understand. It's all in plain English, not in medical jargon or in procedure codes.

    So as I see it I have 3 options:
    1. Stick with a sofa that faces a wall (because it is a mirror image of what we asked for!)
    2. Pay more money and risk not receiving anything as described. We have checked out the Trustpilot reviews {Text removed by MSE Investigator}
    3. Write a letter to the company stating Consumer Right Act 2015, although this may not be valid if this is considered a bespoke product (?)


    Can anyone give me any advice on other avenues I might be able to pursue?

    Thanks in advance


    Purchase May 2017 (exhibition)
    Called the company within one month
    Delivery date due Aug 2017
    Last edited by MSE Investigator; 20-06-2017 at 9:51 AM.
Page 2
    • shilen
    • By shilen 13th Jun 17, 3:36 PM
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    shilen
    AndyPix: Thanks for your reply.

    The picture is a mirror image as confirmed by the company to what we want
    • shilen
    • By shilen 13th Jun 17, 3:38 PM
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    shilen
    The diagram doesn't match

    I questioned this prior to signing and I was reassured that what we wanted (and had drawn on graph paper) was one and the same.
    • glentoran99
    • By glentoran99 13th Jun 17, 3:40 PM
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    glentoran99
    glentoran99 thanks for your reply, The sofa is due to be delivered in August 2017. But they say they started work on it the very day we signed the contract and nothing can be done to change the modular system...

    It is relevant that the diagram is not orientated and the description is in code. It does not say left corner as we asked. My mistake was having complete confidence in the lady, but even then I did question her and also asked for a 3D print out which is something they offer. She said for this specific model they don't offer a 3D model on the software. When I spoke to the manager, he also mentioned that this model is one of the only one that don't have a 3D software model
    Originally posted by shilen


    Codes are irrelevant, there is a picture, it even states "corner" where the corner is.


    I cant imagine you have any leg to stand on if the sofa they are supplying matches the very clear drawing, especially when the sales person disputes she told you any different
    • AndyPix
    • By AndyPix 13th Jun 17, 3:41 PM
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    AndyPix
    Seems to me like you will get the sofa as descripted by the picture
    Running with scissors since 1978
    • glentoran99
    • By glentoran99 13th Jun 17, 3:42 PM
    • 4,274 Posts
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    glentoran99
    The diagram doesn't match

    I questioned this prior to signing and I was reassured that what we wanted (and had drawn on graph paper) was one and the same.
    Originally posted by shilen


    The diagram doesn't match? match what they are supplying or what you think you ordered?
    • shilen
    • By shilen 13th Jun 17, 3:45 PM
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    shilen
    It doesn't match what we discussed ordering over 4 hours on 4 separate occasions, it doesn't match the paper that we drew and discussed with the sales person and lastly it doesn't match what she said when we raised concerns about this invoice.
    • theonlywayisup
    • By theonlywayisup 13th Jun 17, 3:46 PM
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    theonlywayisup
    It is very clear to me that the image shows a sofa which has a corner and a single seat to the right, a double seat and arm/half seat to the left. A left facing sofa.

    In the format I have described above, what did you order?

    Why have you realised it is wrong now (before the sofa has been delivered)?
    • glentoran99
    • By glentoran99 13th Jun 17, 3:47 PM
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    glentoran99
    It doesn't match what we discussed ordering over 4 hours on 4 separate occasions, it doesn't match the paper that we drew and discussed with the sales person and lastly it doesn't match what she said when a raised my concerns about this invoice.
    Originally posted by shilen


    but you signed and paid on this invoice? im afraid that's what would stand up in court.


    Unless you get legal advice to the contrary I cant imagine you have any come back as thats whats in black and white what you agreed
    • shilen
    • By shilen 13th Jun 17, 3:51 PM
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    shilen
    We wanted to order from left to right: a single seat or chaise with a corner attached, and a double seat on the right of the corner followed by a terminal end.

    The sales lady was due to call us a few days later to discuss the possibility of different legs, this call never came and we then called the company to ask about the legs. At this point as the diagram still wasn't sitting right with me, I asked for the representative to confirm what we have ordered. Thats when the penny dropped.

    Around this time i also checked their trust pilot reviews which weren't promising at all
    • shilen
    • By shilen 13th Jun 17, 3:55 PM
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    shilen
    Glentoran: If you have a concern with a invoice and something doesn't add up, apart from asking for clarity from the sales woman and asking for another drawing in 3D which would make it impossible to be wrong. What else could we have done?
    • cono1717
    • By cono1717 13th Jun 17, 4:02 PM
    • 560 Posts
    • 366 Thanks
    cono1717
    Out of interest are your initials SNA?

    If so you signed right by the diagram and will be very much a he said she said ordeal.
    • shilen
    • By shilen 13th Jun 17, 4:05 PM
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    shilen
    SNA is code for a piece of modular sofa....
    • shilen
    • By shilen 13th Jun 17, 4:09 PM
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    shilen
    SNA: Seat no Arm
    • theonlywayisup
    • By theonlywayisup 13th Jun 17, 4:13 PM
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    theonlywayisup
    We wanted to order from left to right: a single seat or chaise with a corner attached, and a double seat on the right of the corner followed by a terminal end.
    Originally posted by shilen
    The issue seems to be your communication. Even understanding your response above I am having an issue.

    Did you want/order a SINGLE SEAT or did you order the CHAISE with the corner attached?

    Either way, neither your single seat/corner/double seat/terminal or your chaise/corner/double/terminal are what you have on the drawing. Add to which the details you've given us about your 'day job' and I'm worried that you cannot interpret the most simple of sketches.

    Good luck in what happens but I don't think you have anything on your side.
    • shilen
    • By shilen 13th Jun 17, 4:26 PM
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    shilen
    Thank you Theonlywayisup. I agree there was miscommunication. Just to reiterate, I did see the diagram and the differences from what we wanted and raised this.

    Your post and the others have been very useful in confirming that we are indeed going to have to fork out for this error.

    Thank you everyone
    • cono1717
    • By cono1717 13th Jun 17, 4:29 PM
    • 560 Posts
    • 366 Thanks
    cono1717
    I'm guessing the red is what you want?



    the problem is that the diagram is quite clear, if you took this to court a judge would simply rule weather or not you got what was on the diagram and if it was easy to understand, if they understand it that qualifies the requirements.
    • glentoran99
    • By glentoran99 13th Jun 17, 4:39 PM
    • 4,274 Posts
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    glentoran99
    Glentoran: If you have a concern with a invoice and something doesn't add up, apart from asking for clarity from the sales woman and asking for another drawing in 3D which would make it impossible to be wrong. What else could we have done?
    Originally posted by shilen

    Not signed it until it was changed to match what I was ordering, didn't have to be in 3d,
    • Fosterdog
    • By Fosterdog 13th Jun 17, 5:14 PM
    • 2,924 Posts
    • 5,048 Thanks
    Fosterdog
    You said you asked for a left hand corner unit, the picture shows a left hand corner unit as demonstrated here http://www.dfs.co.uk/elmore/elm5zacsy so either you got it wrong and actually needed a right hand corner unit or what has been ordered is the right thing and you are confusing yourself over nothing.

    A left hand unit is a standard sofa with the smaller corner piece attached to the left hand side as you sit on it facing forward, a right hand unit is the opposite
    • kvithani
    • By kvithani 13th Jun 17, 5:43 PM
    • 2 Posts
    • 1 Thanks
    kvithani
    If you google "left hand corner sofa" you'll see it's not as simple as that!
    • theonlywayisup
    • By theonlywayisup 13th Jun 17, 5:44 PM
    • 10,480 Posts
    • 7,041 Thanks
    theonlywayisup
    If you google "left hand corner sofa" you'll see it's not as simple as that!
    Originally posted by kvithani
    Either way, the OP has a diagram (which is very clear) on their order/invoice.

    No googling needed for that.
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