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  • FIRST POST
    • shilen
    • By shilen 12th Jun 17, 10:43 PM
    • 15Posts
    • 0Thanks
    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 3
    • kvithani
    • By kvithani 13th Jun 17, 5:46 PM
    • 2 Posts
    • 1 Thanks
    kvithani
    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.
    Originally posted by cono1717
    This is the same sofa rotated 180 degrees...
    • cono1717
    • By cono1717 14th Jun 17, 8:55 AM
    • 559 Posts
    • 366 Thanks
    cono1717
    This is the same sofa rotated 180 degrees...
    Originally posted by kvithani
    Unfortunately my MSPaint skills aren't what they used to be, the point is the diagram is quite clear here and so OP will struggle to get any ground on it.
    • shilen
    • By shilen 14th Jun 17, 12:07 PM
    • 15 Posts
    • 0 Thanks
    shilen
    The red diagram is also wrong. Hence the confusion. The image provided on the invoice is a mirror image as previous mentioned.

    What we wanted therefore is intact a left corner.
    • glentoran99
    • By glentoran99 14th Jun 17, 12:11 PM
    • 4,274 Posts
    • 3,135 Thanks
    glentoran99
    The red diagram is also wrong. Hence the confusion. The image provided on the invoice is a mirror image as previous mentioned.

    What we wanted therefore is intact a left corner.
    Originally posted by shilen
    this is what you want?




    • askmeaboutsofas
    • By askmeaboutsofas 14th Jun 17, 3:43 PM
    • 12 Posts
    • 27 Thanks
    askmeaboutsofas
    That is an invoice for a right hand corner suite. The order says term/1/c/1, so from left to right it's a left hand arm on a single seater section, then an armless single seater section, then a corner, then another armless single seater section.
    The diagram is oriented, the corner is very definitely on the right. No matter how you rotate the diagram around it won't look like a left hand corner, only a right hand corner facing the other way. I'm guessing the lady didn't understand what you meant when you told her it was the mirror image of what you wanted, and she drew that diagram to try to convey what they were ordering for you. Unfortunately I don't think this leaves you with many options, because the only physical proof you have shows that you signed and paid for an invoice for a right hand corner.
    The additional piece you'll need to turn this into a left hand corner suite would be a right arm terminal (i.e. a single seat section with an arm on the right hand side). Could you make use of the spare left hand terminal you'd end up with, as an armchair with one arm? Or even buy two right hand terminals, use one to turn the corner suite into a left hand corner, and use the other to turn the spare left hand terminal into a 2 seater sofa? Will they offer you any kind of reduced price on the extra piece? It might be worthwhile asking.
    There is another way to deal with this. You say the suite is modular, does that mean it's built from separate sections that you clip or bolt together in your home? If so, you can have a left hand corner sofa - it will just have the arm on the wrong side. It's up to you whether this would work for your room, but you could easily join the left hand terminal section directly to the corner section, and put the armless single seater on the other side. The result would be, from left to right: Left hand arm section, corner, armless single seater section, another armless single seater section. If you could live with the arm on the wrong side, it's going to be your cheapest option.
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