DFS again SOGA?

BadgerFace_2

OK, another DFS thread.

I'm looking for my rights on this. The sofa is due on Monday, so I'd like to know before I 'sign' for it.

We ordered the sofa using the measurements on the literature in-store. It would be a tight fit, but would fit leaving us 5cm to spare before the radiator. Having looked at the sofa online, it appears that the in-store literature was incorrect and the sofa is actually 309cmx309cm instead of 299x299cm. The store confirmed this. I've got digital copies of both documents.

If it doesn't fit, can I reject the sofa because of this? They have said I cannot, but will take part of it back. I think this would constitute the goods being 'not as described'.

Cheers

somethingcorporate

Yes you can.

BadgerFace_2

So, they came with the sofa...as expected it was bigger than the dimensions that I was given. It was actually 325cm x 315cm, instead of 299cm x 299cm.

I refused to sign for it, they gave me the whole "it's your problem, it was you who ordered it, it's made to YOUR specification etc." They left without taking the suit away, so I now have it sat in my lounge.

The manager was quick to respond, but said 'we already told you about this and made you aware, so it's your problem'.

Basically, I asked if he was going to give me a refund because the goods were not in conformance with the contract under the SOGA. He said point blank 'no'.

Fergie76

Tell them if they don't come and collect the sofa, you will start charging them a daily storage fee of £10 per day, until they do.

I'm no expert, but if the sofa is not as described then I think you should be able to reject it.

Try trading standards.

arcon5

It doesn't say 'approximately' under dimensions does it?

shaun_from_Africa

Even if was an approximate measurement, the delivered item is 26cm by 16cm bigger, which in my opinion is far too much of a difference.

BadgerFace_2

They already tried that stance (they said 'dimensions may vary') It says this neither on the information I was given instore, nor the contract.

As an aside, they were fully aware all along that the sofa was bigger, because when I checked online it stated different dimensions.

I phoned them about this and said that if it was the bigger dimensions, I couldn't accept it because it wouldn't fit. They wouldn't let me cancel at this point, instead telling me to wait and see what it came like...it's custom built to your spec. etc. I had to accept this, as I had no legal reason to cancel...they hadn't yet delivered a product which was not to spec.

The manager is now trying to use this conversation as my acceptance of the bigger dimensions, saying I should have cancelled it then if I wasn't happy.


I think they will probably let this go to court from the managers stance to be honest. If so, is at acceptable for me to charge them storage? I can't actually use my lounge now, because I don't want to sit on their sofa in case they try to use it against me further down the line.

bifold

Reject the goods as not as described in writing,Send a copy to head office(Doncaster) and the store that you purchased from.did you buy interest free? then also contact the finance company.They are just bluffing and hope you will give up.

BadgerFace_2

Thanks, I know they're just bluffing, but it's darned annoying and like banging your head against a poorly built brick wall!

I would like clarification on what rights I have to either demand them to collect the goods?

shaun_from_Africa

If you reject the sofa due to it differing to the stated dimensions, then DFS are obliged to collect it at no cost to you.

How did you pay for it? If it was by credit card or another form of credit such as a finance agreement, then you have the right to contact the company and tell them of the problem and state that you've tried to resolve the problem by talking to DFS but they won't help.
State that you wish to make a "section 75" claim. (this is section 75 of the consumer credit act, and it makes the payment provider jointly liable for the purchased items)

unholyangel

Worth adding that even if you paid a deposit by credit card, you're still covered for the purchase with section 75