mis sold leather I feel like crying, please help

cybachikk

I would appreciate some help on a matter that I am having trouble with please please please .

I purchased two 3 seater leather sofas and a footstool and took delivery on the 6/4/10. They were bought from Leeks furniture store and when I purchased them I had my two boys with me, 1 18 month old and 1 10yr old and explained that as I also had another child I needed a 'durable' suite, using that very word. I could not impress this enough to the the sales person who took us around the store and we chose a sofa which we were happy with and chose the swatch to have it made to order.

It has since been delivered. I have been told by the store that it is semi - aniline. The leather is incredibly soft and is clearly full grain, so wonderfull if you have no children and a quiet life but I just know after nearly a month of use and it already being scuffed and seeing the olour underneath colour that it is not durable at all!! I have phoned the store and they insist it is the most durable of leathers available. I have read the care leaflet produced by the manufacturer and it clearly states that aniline and semi-aniline are the two least durable of the types of leather available, actually stating 'do not be surprised when your pets and children quickly spoil the delicate finnish'.

Could I please have some advise on where I stand as I am unsure what my rights are. I feel like crying as I feel I have got to just put up with it now and I after paying £2500 on the sale I am actually too afraid to let the boys sit on it.:(

Esqui

If you specified to the salesperson that you needed a durable suite that was able to withstand heavy children use, then it would be illegal for them to sell you one that wasn't.

However, if only it were that easy. The store has told you it is the most durable type...I suggest that you see what they have to say about the care leaflet, by showing them in person.

xah27

Hiya sweetie,

In this case you can possibly argue the items sold to you are not fit for the purpose you made known. When a consumer expresses a need or desire and the trader sells the item that promises to fulfill said need then it would be contractually binding. If the leather is not durable or recommended for young households with young children then you can argue this. If the order was just for the sofa and you did not pay for any service along side the sell of the goods your contract will be covered by the Sale of Goods Act 1979. If there was a service included in the sale then it would be Supply of Goods and Services Act 1982. Either way look into the relevant law via the OPSI website and do a bit of reading.

The only thing worth bearing in mind is that if you discussed your options verbally (which is usually the case) the seller can deny deny deny. In any case it may be something you need to take to court. How did you pay because if you have a linked loan or paid via credit card you can get some recourse from the bank under the Consumer Credit Act provided the goods are over £100.

neilmcl

If it's semi-aniline then you have the best of both worlds, it'll have the softness and feel of a quality full aniline leather with some protection from a surface finish that's been applied. I think you're worrying too much, especially as nothing is actually wrong with the suite yet. If you were that worried about your kids then why spend over £2500 on a quality leather suite.

cybachikk

Thankyou for the replies. I have spoken to the manager of the whole store who doesn't specialise in the leather types and she maintains that her sales staff say it is a highly durable leather so when she finds a copy of the leaflet hopefully she will realise they have given not only myself but her the wrong information. Xah27 I paid 250 deposit and the rest in cash when selltling up before delivery. I should have known to use the card!!!
neilmcl... how do you come to the conclusion I have 'the best of both worlds'?? As I said the care leaflet says it is not durable? Plus not to be rude or anything but I said I asked for durable leather because I have children I wasn't worried when I bought it as I assumed durable meant just that???

........................P.S It is beautifull and soft and comfy and luxurious but what good is that if your afraid to relax

neilmcl

Semi-aniline leather is fairly durable as it contains a protective finish but it does still remain soft and allows the full grain to show through.

Here's some info regarding the various types - http://www.leathermasteruk.com/leathertypes.htm

If you want total durability then you should have gone for the cheap and awful pigmented leather type sofas.

Becles

We have semi-aniline sofas with three children and two dogs. The dogs are not allowed on the sofas, but they jump up sometimes when they are excited or want attention!

I've found the leather to be durable and it still looks in excellent condition after a year of heavy use. There are some light scratches, but because the leather is dyed all the way through, it just looks like part of the finish rather than a big ugly scratch that catches your eye.

It's had milk and juice spilled on it and sticky fingers on it, but it's cleaned up fine each time and no lasting marks were left.

Equaliser123

Esqui wrote: »

If you specified to the salesperson that you needed a durable suite that was able to withstand heavy children use, then it would be illegal for them to sell you one that wasn't.

To be really picky, it would be in contravention of the SOGA s.14(4) rather than being "illegal".

pendulum

As the SOGA is law, surely contravening it is illegal.

frannyann

cybachikk wrote: »

I paid 250 deposit and the rest in cash when selltling up before delivery. I should have known to use the card!!!

As you paid the deposit on your card, and the total amount of the goods was over £100, you are covered for the full £2500. You used the card just as our Martin recommends :money:

Equaliser123

pendulum wrote: »

As the SOGA is law, surely contravening it is illegal.

Nope as there is no criminal sanction attached.

It would, however, be "unlawful".