Urgent advice needed please

notjustamum

Hi all, you've helped me out in the past but I really could do with someone who has knowledge of distance selling rules and regulations.

Basically I purchased a 3 piece leather suite on a well-known internet furniture site. I had been looking for a while online and in person as the suite had to fit into an alcove and needed to be smaller than average.

I found one last week and was having trouble going through their site checkout so I phoned the store helpline and ordered it over the phone. I took out the extended warranty and paid for express delivery.

The suite arrived a few days later and each piece was wrapped in cardboard. The delivery men removed the cardboard and left it on my living room floor saying that was all they were allowed to do and they couldn't remove any packing materials. Under the cardboard, the suite was wrapped in a type of sackcloth and then a foam sheet. I had my dog under my arm so he would stop barking and my kids were fighting so I had a quick check over the suite and signed the form.

Less than 5 minutes later I removed the sackcloth to discover that the single seater chair had a hole the size of a 5 pence piece at the back of the chair. I telephoned the store straight away and the lady asked me to take some photos and to email them to her boss. I took the photos and emailed them and received an email today saying they were prepared to refund £80. I paid an absolute fortune for the suite and extended warranty so I emailed back to say I would like a replacement chair or a refund for the cost of the chair and I would get it repaired myself.

The store has just emailed back to say that the £80 is a goodwill jesture as I had signed for the suite and should have refused delivery. I explained that I had my children and dog and that the suite was only partly unpacked and that the hole is in the back of the chair so I probably wouldn't have noticed straight away anyway but they are standing firm and refusing to budge.

What do you guys think?

Googlewhacker

Unless it was custom made for you you could reject under the reasonable time period and request a full refund of the set, however I would say that it is upto you to get the product back to them

Always always sign items 'unchecked', it gives you that bit leverage for incidences like this.

Does it affect the use of the product? If not and it is not noticeable I would take the £80 and get it repaired by a professional.

sookipeaspud

Oh dear.

Why did you sign the paperwork without checking it over if it was so expensive?

Should of said "kids! stop fighting" then popped the dog in the kitchen!
or
put the dog in another room

Then checked the sofa.

If none of the above should of signed "unchecked"

Take the 80 quid and put it down to experience or you could take them to court and the judge will accept your excuse of "kid fight dog signed contract expensive me blameless"
SIMPLES!

KarleyMarie

Surely if it's got a hole in it's bot fit for purpose?!

Threaten them with trading standards?

notjustamum

KarleyMarie wrote: »

Surely if it's got a hole in it's bot fit for purpose?!

Threaten them with trading standards?

I've actually contacted a friend who is quite high up in Trading Standards and she is going to get back to me today. I'm just disgusted that I paid for a 5 year extended warranty and I also telephoned them within 30 minutes of the delivery driver leaving. To be honest - shouldn't they have checked the sofa over before it left the showroom (or wherever) as there was no damage to the packaging so obviously the damage was there before it was parcelled up.

If they didn't notice the damage when packing, surely they can't expect me to spot it in the few minute time window I had to have a quick once over before the delivery men left. I'm certain that the delivery men weren't prepared to hang around as they had quite a few more deliveries and had driven up north from the south very early.

I can get the damage repaired myself and am willing to do that but I've been quoted a lot more than the £80 they are willing to refund. Also, the sofa is under 12 months warranty with a further 4 years extended warranty so surely they should either exchange or arrange repairs?

Any other advice?

smcaul

Just remind them that under the SOGA items should be "free of minor defects", this I think would at the very least count as minor, also, you signed for delivery of the goods, if you could not inspect the goods due to them being covered then that is down to the retailer and the delivery company, not your problem.

As has been mentioned, under the DSR you can return the goods, but, depending on their T&S's you may have to pay the return delivery cost.

Personally I would just use the SOGA, item is damaged, you reject item, they have to refund or replace, end of story.

notjustamum

If the company decide to stick to their guns and only offer the £80 goodwill payment, am I better off just taking it? They are still saying that I don't have a legal right to an exchange or repair as I signed the delivery note, even though I took out the extended accidental damage warranty. I have asked a few friends to look over the couches and no-one spotted the damage straight away but once pointed out, it is hard to ignore it.

Any advice please?

sciencegeek

1) you have a five year accidental warranty
2) you have a company refusing to refund/replace a damaged item

Answer - Accidentally damage the suite beyond repair ! Im sure your youngsters cancome up with some interesting ways of achieving this.

Outcome - you get a refund or replacement which this time you check extremely carefully - perhaps taking several hours over (just to make sure) which has the added benefit of annoying the company who presumably cant leave till you are satified the suite is tip top.

PS check the terms of the warranty carefully first as some 'accidents' may not be covered.