Possible online photo misrepresentation

mistyblu

Ordered a large two seater sofa bed from a large company online. The website picture showed the sofabed opened up and made up as a double bed, with two pillows side by side. The website gives dimensions for the sofas but not for any of the actual bed/mattress sizes. It does not state that the sofabed is a double bed but the photo clearly gives the impression that the bed will sleep two people. When it arrived, after the delivery men had left, we unfolded the bed to find it is only a few centimetres wider than a standard single bed. I wrote a letter immediately and sent it registered post and the company acknowledged receipt a couple of days later. I'm now in the process of trying to get a refund as it is not fit for purpose, nor is it as represented by the photo on the website. The company are not currently accepting responsibility. Do I have a case? Is this 'online misrepresentation' or perhaps 'strategic misrepresentation'? I'm quite good at arguing my case but any help with the best and correct terminology would be much appreciated. Thanks in advance.

antrobus

I think that just plain misrepresentation will do.

Reminds of a certain furniture retailer who had an advert banned by the ASA for "making its sofas look too big".

http://news.bbc.co.uk/1/hi/business/7762337.stm

dmg24

Can we have a picture?

arcon5

Can't you just return under DSRs?

Have them collect the item then get your money back. Although their not likely to be overjoyed by accusations of misrepresentation.

Although i'm thinking if anything its jsut a poor description rather than misselling the product, if the dimensions of the sofa is included and your assumption of it being double.......
Maybe if we knew where it was from we could take a look

mistyblu

Hi everyone and thanks for comments. I wasn't sure if I was allowed to post company names etc. If someone can confirm that's it's ok, I'll happily name them but suffice to say they are probably the largest sofa company in the UK. I do have their photo but the sofa is no longer on their website. To Arcon5 - I agree that the sofa dimensions would give me some idea of the bed size and I didn't expect it to be a full double bed size. But I did expect that it would comfortably sleep two adults on an occasional basis from the image provided. Surely it should not be represented as a double if it is only a single? How could a consumer believe otherwise? Why not just list the bed dimensions as other websites do? All that aside, it will all come down to whether I can justify misrepresentation. They are phoning every day to keep me happy but are fighting hard and claiming it is my perception against theirs. Incidentally, their contract states that they can charge a percentage of the selling price - maybe 20% - I will have to check - in the event that they have to pick the sofa up. Also, their telephone salesmen do not have the bed dimensions either. They have to phone a store & get someone to measure one. They say I should have asked at time of order but I argued that I believed their image and didn't realise that I needed to ask.

mistyblu

Antrobus - spot on! I've just glanced at your link. Thank you. I will read the whole article now.

arcon5

mistyblu wrote: »

Incidentally, their contract states that they can charge a percentage of the selling price - maybe 20% - I will have to check - in the event that they have to pick the sofa up.

Under the DSRs you are entitled to a refund in FULL if cancelled wthin 7 days. This includes your shipping costs.

However, unless you can prove it was misrepresented you will have to pay the return costs. And it sounds like you will have a tough time proving such.

mistyblu

To DMG24 - can I post a picture on here? If not, although my sofa is no longer on the website, all their current two seater sofa beds are represented in the same way. The salesman told me that the bed sizes were standard, although the guy dealing with my complaint says they are different depending on model.
To arcon5 - cancellation within 7 days - is that 7 days from order or from delivery? It took 3 and half months to arrive! Yes, getting them to accept misrepresentation is the tough bit but the ASA website allows online complaints so I might give that a try!

gordikin

Name the company..yes you can...no really..soon would be good...a link to what you oredered would be good too...?

gordikin

arcon5 wrote: »

Under the DSRs you are entitled to a refund in FULL if cancelled wthin 7 days. This includes your shipping costs.

However, unless you can prove it was misrepresented you will have to pay the return costs. And it sounds like you will have a tough time proving such.

...perhaps the suite was built to order...therefore?

Pinkypants

3 and half months to arrive, sounds like made to order. DSR out the window then.