dfs sofa larger than stated

vivatifosi

I'm really stumped by this. I've worked in the furniture industry over a couple of decades and have never heard of any product being delivered oversized by such a margin. Manufacturers work on tolerances of millimetres, not centimetres, and 17cm, well that's just wierdly too big... I can't see how it got out of the factory without being noticed. Unless as Withabix said, it was made for the adverts.

I've had DFS replace two sofas for me that weren't up to standard so I'm sure they will do the same, but in the meantime do you have anything to sit on? Can they loan you something from their returned items?

If you don't have any luck, DFS is a member of the Furniture Ombudsman scheme. I can't imagine that they will find tolerances being out by 17cm acceptable either.

Blacksheep1979

smcaul wrote: »

That people use to gain advice, not to get silly, pathetic, juvenile replies from the same set of posters time and time again.

The likes of yourself and d.edna (making a rather large assumption that you are not actually one in the same) are killing this forum stone dead.

Tbh what causes more trouble here (as the op will probably ignore people making a joke) are people like yourself who post b0ll0cks and completely wrong information, then follow up with the company thinking they're they're covered and know exactly what they're entitled to.

OP - the goods aren't as described, you've not accepted them. You need to write to DFS stating you reject the sofa as it isn't as advertised and require on of the same dimensions as the one displayed or a full refund. State a reasonable timescale you're happy with.

DON'T DEMAND COMPENSATION

MIMI123_2

re phoned dfs last night and informed them i wasn't happy with the original answer that someone would come out on Tuesday to measure the sofa, so the original person who sold me the sofa came out today and measured the sofa it was according to his measurements 218.5cm. he was flabbergasted and said he would phone me once he had returned back to the store after speaking to his manager. to cut a long story short they are going to loan me a 3 seater (which is smaller than the original sofa) a 2 seater and a chair its not the original suite and plus it is white the original being black. but at least the sofa wont jut out of the original intended space. they are going to order me a whole new 3 piece suite (which is going to be 202cm as it will have 2 seat cushions instead of one but will still be the same size as a normal 3 piece suite) including the 2 chairs as they said the colour may not match if we keep the originals. so i must say they have been very helpful they are hopefully going to be delivered on Mon or Tues. they admitted on looking at the order form that the sofa had definitely been made to the wrong measurements they are not sure why but will investigate this as the sofa i ordered (broadway) is due to be back out on the sop floor on monday. i will keep you posted as to whether or not i have the loan delivered mon or tues.

smcaul

Blacksheep1979 wrote: »

Tbh what causes more trouble here (as the op will probably ignore people making a joke) are people like yourself who post b0ll0cks and completely wrong information, then follow up with the company thinking they're they're covered and know exactly what they're entitled to.

That's a bit sanctimonious and quite honestly wrong. Silly comments actually stop people posting in the first place, they see other threads with drivel posted and then won't post themselves.

As for the advice I give, I can quite happily back up anything I post, so I am quite happy to continue posting to help people, but please feel free to go back through my posting history and point out where you think I have posted incorrect information, but please do it via PM rather then in someone else's thread, there's a good chap. And unlike your good self I don't claim to know it all!!!!

Blacksheep1979

smcaul wrote: »

That's a bit sanctimonious and quite honestly wrong. Silly comments actually stop people posting in the first place, they see other threads with drivel posted and then won't post themselves.

As for the advice I give, I can quite happily back up anything I post, so I am quite happy to continue posting to help people, but please feel free to go back through my posting history and point out where you think I have posted incorrect information, but please do it via PM rather then in someone else's thread, there's a good chap. And unlike your good self I don't claim to know it all!!!!

Ok quote (as it is, not interpreted) where it states that someone who buys an item and accepts it has the choice (if it develops a fault) of it being repaired, replaced or a refund - not the retailer having this choice.

and it's far better in public so that people can see who is right and wrong and therefore make a more informed decission of whos advice to listen to

smcaul

Blacksheep1979 wrote: »

Ok quote (as it is, not interpreted) where it states that someone who buys an item and accepts it has the choice (if it develops a fault) of it being repaired, replaced or a refund - not the retailer having this choice.

and it's far better in public so that people can see who is right and wrong and therefore make a more informed decission of whos advice to listen to

Well, feel free to apologise, as I have never said "Repair, Replace or Refund". I have in other threads mentioned that they are entitled to repair or replacement and that they would need to discuss this with the retailer. It is not up to the retailer to decide though. At the end of the day it would be down to a judge to decide what would have been reasonable. But I am happy for you to post your apology in an open forum though.

Blacksheep1979

smcaul wrote: »

Well, feel free to apologise, as I have never said "Repair, Replace or Refund". I have in other threads mentioned that they are entitled to repair or refund and that they would need to discuss this with the retailer. It is not up to the retailer to decide though. At the end of the day it would be down to a judge to decide what would have been reasonable. But I am happy for you to post your apology in an open forum though.

and I'm still waiting on the legislation...

oh and never said replacement?

smcaul wrote: »

remind CPW that you are returning the laptop as not fit for purpose and require a replacement.

Blacksheep1979

I'll make this easy for you and await the apology in return

48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or
(b) to replace the goods.


(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—

(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

So part 3 there basically gives the retailer the right to do whatever they want - they're not going to chose the more expensive option are they? So if the buyer insists on an option and the retailer refuses this will almost always be because it puts them out of pocket and thus falls foul of this.

I await your comments...

smcaul

Refund was what I meant, that was a typo on my part, now corrected, as I knew which thread you were alluding to. Does not alter the fact that you really are clutching at straws trying to trip me up, I know what I have said in that thread and a refund was never mentioned by me, I said they should replace. Now please show me where it says in the SOGA that is is for the retailer to decide how they handle it?

I know for a fact that the SOGA act states a "repair, replacement or refund" so please show me where it states that the retailer has the choice?

And just to show you a few links that back up my case that it is not for the retailer to decide:
http://www.berr.gov.uk/whatwedo/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Also:
48A Introductory

(1) This section applies if—

(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and


(b) the goods do not conform to the contract of sale at the time of delivery.


(2) If this section applies, the buyer has the right—

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or


Taken from:http://www.johnantell.co.uk/SOGA1979.htm

Now, as previously stated please provide your evidence, mine is very clear that it is the consumer who can request the repair or replacement, not the retailer.

Oh, and feel free to post that public apology.

Edit: Was typing my reply when you posted yours

Blacksheep1979

yup the buyer can request a repair or replacement - they can't request a replacement and they can't request a repair - see above post where it clearly says how and why the retailer can choose.

Still awaiting your good grace in saying you're wrong.