What to do for the best ended up with a Smoky sofa???

brunettegirl

Mara69 wrote: »

I think that's a bit harsh. You have to take some responsibility for the fact that you failed to inspect the sofa before you paid for it.

How can you inspect that the sweet smell is going to turn into evil smoke over night and stink the house out?

I just thought someone had over done it with the airfreshner and things from other houses always smell funny initially, there wasn't an obvious smokey smell.

and no communication is not good, its very rude really.

Crowqueen

Lesson learned on your part I guess. I would never buy anything like that where I couldn't give it a good inspection first.

The law would give them recourse as they wouldn't have to refuse delivery. SOGA gives people reasonable time to inspect the item, at their leisure - they don't have to refuse delivery.

I took delivery of a damaged sofa once too - my parents had a look at it, found the tear, and were able to return it. They asked me to stay in to take delivery and sign for things 'unchecked' - and thus got an exchange later on.

It's not an immediate refusal thing. You do have time to properly inspect items like this and demand a return even after the deliverymen have left. Sorry - I find this whole 'should have inspected at the seller's house/etc' attitude rather arrogant and blunt - the law provides for situations where that is impossible for whatever reason.

I think that's a bit harsh. You have to take some responsibility for the fact that you failed to inspect the sofa before you paid for it.

And the seller has to take responsibility for sending something out in that condition. Had I refused something like that, I would still neg - it's the principle of selling something only fit for the dustbin.

pinkshoes

Mara69 wrote: »

I think that's a bit harsh. You have to take some responsibility for the fact that you failed to inspect the sofa before you paid for it.

That's a little unfair.

A sofa that's been in a smokers home will STINK! The seller masked this smell with some sort of spray, thus deceiving the buyer.

The pen marks could have been identified, but at least they will hopefully be easier to clean off, but the smoke smell will be a nightmare to get rid of, if at all...

OP, I'd contact them again, open a dispute (you have nothing to lose, and it will go against the seller...), then if they respond and win, just leave a neg, and move on.

Mara69

brunettegirl wrote: »

How can you inspect that the sweet smell is going to turn into evil smoke over night and stink the house out?

I just thought someone had over done it with the airfreshner and things from other houses always smell funny initially, there wasn't an obvious smokey smell.

and no communication is not good, its very rude really.

You would have noticed that the people selling it were smokers - and you would have noticed the biro marks and the paint spatters, wouldn't you?

In respect of communication being poor, you received the sofa on the 27th May and only noticed the problem on thr 28th. Today is the 30th. You've not given them long to respond, have you?

lovinituk

Crowqueen wrote: »

Lesson learned on your part I guess. I would never buy anything like that where I couldn't give it a good inspection first.

The law would give them recourse as they wouldn't have to refuse delivery. SOGA gives people reasonable time to inspect the item, at their leisure - they don't have to refuse delivery.

Pretty sure its a private seller so SOGA is unlikely to help in this instance.

SOGA wrote:

S. 14 Implied term as to quality

S.14 only applies where the seller sells goods in the course of a business. It therefore does not apply to private sales although there may be an action for breach of an express term or misrepresentation in some circumstances.

brunettegirl

Mara69 wrote: »

You would have noticed that the people selling it were smokers - and you would have noticed the biro marks and the paint spatters, wouldn't you?

In respect of communication being poor, you received the sofa on the 27th May and only noticed the problem on thr 28th. Today is the 30th. You've not given them long to respond, have you?

the biro marks really don't bother me, its the smoke smell, how would I notice this? they delivered it to us we never collected from them, they said they sold on behalf of their brother, so even if (which he wasn't)the guy delivering it was smoking we still wouldn't of known as it supposedly wasn't his sofa.

Indeed it was, however all communication with this guy has been the same day in most cases within an hour of a message being sent, now there is a problem there is no reply, strangely silent..... :think:

Crowqueen

SOGA covers private sellers for 'as described' and still gives them a right to a reasonable time to inspect goods.

lovinituk

Crowqueen wrote: »

SOGA covers private sellers for 'as described'

Yes, I'd say that's covered by the quote I posted. But unless the sofa was described as 'not smelling of smoke' or 'from a smoke free home' then I can't see how it applies here.

Crowqueen wrote: »

and still gives them a right to a reasonable time to inspect goods.

Link or quote please? I looked and there are very few mentions of private sales.

narabanekeater

another way to get the biro off is with a good spray of wd40 and rub it off

steveo3002

was it advertised as smoke free?

my thoughts are its a cheapish sofa , id give it a good clean over with some suitable products , id imagine it will fade away after a good clean up