Sofa from SCS is damaged.

Optmus77

Hi we recently bought a 2 pc Sofa set from the showroom from a SCS Store We arranged our own collection. Since we got the sofa we noticed that it has a small hole in the middle of the seating area it looks like a finger nail scrach. I telephoned the store and they were rude and basically fobbed me off saying it was "sold as seen" and they cant do anything as we did not take a insurance and we collected ourselves etc. I then emailed SCS and they said management from store will get back to be but I have still not heard back.

Does anyone what our rights are as we are sure the Damage was already there before or may have happend 3 three days between the sofa was in the show room after we bought it but couldnt collect it there and then.

any advice would help.

Leo2020

Optmus77 wrote: »

Does anyone what our rights are as we are sure the Damage was already there before or may have happend 3 three days between the sofa was in the show room after we bought it but couldnt collect it there and then.

Do you mean that you are sure that the damage wasn't there?

By the way you sound like you are not a 100% sure it wasn't damaged. As you were buying something which is ex-display you really need to check it over because they are right when they say that it was "sold as seen". As it wasn't a brand new item you have to expect some damage - marks, scratches, etc.

Presumably you were given a discount as the item was ex-display? This discount should have taken into account any damage to the sofa.

bigbulldog

Could you of damaged in transit.??

arcon5

Had the damage been there when you looked at it then it could be argued this formed part of the contract and is reasonable wear with it having been a showroom product. If the damage was not there then of course they should be liable, assuming it was not done in transit or anything.

McKneff

How recent is recent and how long did yu have it before you noticed this scratch

ScS_representative

Hello Optmus77,

I am replying on behalf of ScS Sofas. I would like to see if there is anything we can do to help you with the problem you have described, please could you contact me via the feedback form on our website and provide your account number, post code and a further explanation of exactly what happened: http://www.scs.co.uk/customer-care/feedback/.

Many thanks,

Kate
The ScS Online Team

ThumbRemote

When buying something like this, there is no such thing as "Sold as seen".

The law states that a fault is accepted by the purchaser if it is "specifically drawn to the buyer’s attention before the contract is made" or "where the buyer examines the goods before the contract is made, which that examination ought to reveal".

The key questions therefore are:
- Was the damage done before you collected the suite?
- Should you have noticed it?
If the answers are yes and no respectively, you should be able to reject the sofa for a refund.

However, given that you arranged collection it's going to be difficult to prove that the fault was there and that you didn't notice it. You may be reliant on the goodwill of SCS to get anywhere.