IKEA and Sales of Goods Act

Goods

Brief story, bought a sofa and 2 sets of covers in Ikea which was delivered yesterday (no collection in store, it had to be delivered from a central warehouse). After they dropped it off I opened the box to discover 1 missing cushion and that one of the covers had a damaged zip.

So I resealed the bag with the damaged sofa covers, assembled the sofa with the other set and called Ikea customer services helpline with my order number and in a very brief conversation was told the covers and missing cushion would be "rectified".

However today I received a call from a company called Servicor (sp?) saying they were calling about the damaged zip and that they wanted to come and inspect it and try to repair it. They said they could only come weekdays between 9-6. Told them to f*** off, I'm working during the week and anyway I want a replacement not a repair. They said that I'd have to phone Ikea.

Back onto the helpline and this is how the conversation went with the call centre monkey.

ME: I was told yesterday the problem would be rectified.
HER: Yes, the missing cushion will be delivered but with the covers, we will send another company called Servicor to inspect the damaged zip and try to repair it.
ME: Not good enough. The Sale of Goods act says I'm entitled to a refund, replacement or repair for faulty or damaged goods. I choose to have a replacement on the covers.
HER: No you're not entitled to a refund or a replacement until we've had a chance to inspect it.
ME: It's inconvenient for me to take a day off work for them to come round any they said they don't work weekends.
HER: Well if you don't allow us to inspect it, then we can't offer a refund or replacement.
ME: Let me speak to the manager.
HER: There's no one in this time of the evening, you have to call tomorrow (getting a bit hesitant now). Er, if you want you can take pictures of the zip and email them to us.
ME: No that's not good enough, let me speak to the manager.
HER: I'll get one to call you tomorrow.

Can anyone who knows the Sale of Goods Act clarify this for me? Are Ikea entitled to inspect the goods and for me to take a day off work to do it (a bloody zip for God's sake). And am I entitled to a refund or do this Servicor have to inspect it first.

I'm tempted to take the covers back to the store tomorrow but wanted to check first what my rights are in case they say I have to wait for Servicor to inspect the goods.

Can I demand my money back in store? Or might they try to claim I damaged the zip myself when I opened the package?

Any clarification on my rights appreciated guys

Mark_Hewitt

It's up to the company if they wish to replace or to repair.
However I'm surprised they wish to "repair" a broken zip rather than just replace.

dmg24

Goods wrote: »

However today I received a call from a company called Servicor (sp?) saying they were calling about the damaged zip and that they wanted to come and inspect it and try to repair it. They said they could only come weekdays between 9-6. Told them to f*** off, I'm working during the week and anyway I want a replacement not a repair. They said that I'd have to phone Ikea.

Perhaps if you showed them a bit of respect they might be more helpful?

WestonDave

I think you have the right to totally reject it for a refund but you would have to pay the return postage/transport costs - the choice of repair or replace (if you don't reject it) is down to the company. To be fair to them, its not unreasonable for them to want to see the damage before they send out replacements etc, so their offer to accept an emailed photo is a reasonable compromise given your desire not to take time off work. Its perhaps worth pointing out that in any legal dispute you have a duty to "mitigate your losses" which means take reasonable steps to limit them - in this case co-operating with the suggestion that you email a photo would seem to be reasonable mitigation.

moonrakerz

I do wish people would at least TRY and understand what SoGA actually does say and not pick up on what "Fred down the pub says" and then start telling shops to "f*** off" !! The link below is the first thing on Google (out of 6,710,000 !!) about SoGA.

No wonder shopkeepers get p****d off with people who claim to know their "rights" when in actual fact they are talking out of their ar** !!

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

neilmcl

OP, yes you are entitled to a full refund, or replacement if you so wish, and yes, Ikea are entitled to inspect the item, although it is assumed that the fault is inherent at this stage and the onus is on them to prove otherwise. Can you not take the cushion cover down to Ikea at your convenience to have it inspected there or sent off at their cost.

diable

They the covers to work and get them to inspect them there.

Mark_Hewitt

They outsource the 'testing' procedures so you couldn't take them to an IKEA store and get them to look at them there and then. However it would be entirely reasonable for you to take them to an IKEA store at the weekend and then ask the inspectors to visit the store instead. : Although doubtless there'll be some nonsense reason why that can't happen.

Who

dmg24 wrote: »

Perhaps if you showed them a bit of respect they might be more helpful?

Totally agree, I work in CS and its people like this who totally ruin someones day :mad: very rude

Goods

dmg24 wrote: »

Perhaps if you showed them a bit of respect they might be more helpful?

Who wrote: »

Totally agree, I work in CS and its people like this who totally ruin someones day very rude

I'll show them the same amount of respect that they've shown me... which is nothing. She rang me while I was in a meeting at work and was very abrupt and condescending when I told her I work weekdays and can't stay home for a faulty zip, she said it didn't matter, they can't come out at the evenings or weekends. Also please note that at no stage have I been offered any apology by anyone for having been supplied faulty goods.

Anyone back on topic:

neilmcl wrote: »

OP, yes you are entitled to a full refund, or replacement if you so wish, and yes, Ikea are entitled to inspect the item, although it is assumed that the fault is inherent at this stage and the onus is on them to prove otherwise. Can you not take the cushion cover down to Ikea at your convenience to have it inspected there or sent off at their cost.

I've had a look at the SoGA but don't see any mention that they have to inspect it. But yes, I'm perfectly happy to go back to the store at the weekend with the covers.

However I'm a bit concerned that the following will happen...

Mark_Hewitt wrote: »

They outsource the 'testing' procedures so you couldn't take them to an IKEA store and get them to look at them there and then. However it would be entirely reasonable for you to take them to an IKEA store at the weekend and then ask the inspectors to visit the store instead. : Although doubtless there'll be some nonsense reason why that can't happen.

I'd be happy for them to do this, but can I insist on this under the SoGA that they deal with it instore and not at my house during a weekday?

Interestingly I've come across a similar article in the Guardian from 2005: guardian.co.uk/money/2005/dec/06/consumernews.consumeraffairs

"Under the Sale of Goods Act, where goods are faulty you are entitled to a refund, repair or replacement. And if you opt for a repair or replacement, you are under no obligation to return the item yourself and suffer the consequent expense"

So I just wanted to clarify my legal rights as a consumer that if I go to the store at the weekend, they HAVE to accept custody of the covers and then either arrange a refund or replacement without this company Servicor coming to my house.

Preferably if someone has a link to the exact wording in the SoGA then I'll probably print a copy off and take it with me. I think the key phrase is inconvenience.

Thanks to everyone who's submitted a helpful reply.

Techhead_2

You can't complain too much. They've made two offers of ways to sort this for you. It seems reasonable to me. I would be more than happy to spend five minutes emailing a picture if it meant getting things sorted.