Harveys

djphoto

Hi everyone purchased a sofa in Harveys store and when they can to deliver said it wouldn't fit and didn't even take it out the van to check and took it away saying they would ring me.am I entitled to a refund as i have had no contact from them

arcon5

If it doesn't fit it's not necessarily there problem. Do you think it would have fit? If so and it could have then you could perhaps consider them in breach of contract.

What have they actually said?

djphoto

I haven't rung them yet but the driver didn't even get it out or measure to see if it would fit I think it would but it would be a tight squeeze if the covers were removed

djphoto

Well just spoke to them they said they will send a small delivery team to see if it will fit and if it doesn't they will look at the smaller model so hopefully it should work out

rustyboy21

Sounds like good service from Harveys then.

It was your responsibility to ensure that the sofa could fit in your house not theirs.

A lot of other companies could have just left it on your doorstep for you to move it yourself.

A case of going into a shop with rose tinted specs on, with no thought of how to get the sodding thing in the house.

You are not the first, certainly won't be the last.

unholyangel

rustyboy21 wrote: »

A lot of other companies could have just left it on your doorstep for you to move it yourself.

A lot of other companies would be in breach of their duty of care then and possibly also a breach of contract.

rustyboy21

unholyangel wrote: »

A lot of other companies would be in breach of their duty of care then and possibly also a breach of contract.

How do you make that out then.

If the consumer has purchased incorrectly, then whose fault is it?

I will take more notice of your post, if you can confirm the parts in the SOGA of where this is correct

unholyangel

rustyboy21 wrote: »

How do you make that out then.

If the consumer has purchased incorrectly, then whose fault is it?

I will take more notice of your post, if you can confirm the parts in the SOGA of where this is correct

Who said it was in the SoGA? Thats not the only law you know.....

Everyone has a statutory duty of care. How much care you should exercise depends on the circumstances. If there is a contract in place/the goods belong to someone else.....a higher degree of care would be expected than if the goods belonged to you personally.

Dumping a customers purchase outside where it would most likely be damaged/stolen without the customers consent would undoubtedly be a breach of that duty of care.

Remember, if there is a breach of contract, both parties are expected to be reasonable in their conduct. They could perhaps charge a reasonable storage fee but abandoning the goods outside would be negligent on their part. Them keeping the suite and refusing to refund would probably amount to a financial penalty.

If OP has a large living room window, they may be able to contact a glazier to remove the window pane, have the suite delivered through the window, get the pane put back in (and hope they're not moving house any time soon). If its a custom made suite, the pane removal is probably going to work out cheaper than the losses the company will incur (delivery costs, and then selling the goods at a reduced value).

If its a suite they had in stock, their only real loss might be delivery costs. But still worth getting a quote from a few glaziers.

Might be worth asking whether the suite comes apart or not. I have a leather suite thats huge/heavy and the back rests come off, without taking them off, the suite wont fit through my doorways (about 80 odd cm wide).

bod1467

unholyangel wrote: »

Dumping a customers purchase outside where it would most likely be damaged/stolen without the customers consent would undoubtedly be a breach of that duty of care.

Reading these boards it would seem many courier companies are regularly in such a breach.

rustyboy21

unholyangel wrote: »

Who said it was in the SoGA? Thats not the only law you know.....

Everyone has a statutory duty of care. How much care you should exercise depends on the circumstances. If there is a contract in place/the goods belong to someone else.....a higher degree of care would be expected than if the goods belonged to you personally.

Dumping a customers purchase outside where it would most likely be damaged/stolen without the customers consent would undoubtedly be a breach of that duty of care.

Remember, if there is a breach of contract, both parties are expected to be reasonable in their conduct. They could perhaps charge a reasonable storage fee but abandoning the goods outside would be negligent on their part. Them keeping the suite and refusing to refund would probably amount to a financial penalty.

If OP has a large living room window, they may be able to contact a glazier to remove the window pane, have the suite delivered through the window, get the pane put back in (and hope they're not moving house any time soon). If its a custom made suite, the pane removal is probably going to work out cheaper than the losses the company will incur (delivery costs, and then selling the goods at a reduced value).

If its a suite they had in stock, their only real loss might be delivery costs. But still worth getting a quote from a few glaziers.

Might be worth asking whether the suite comes apart or not. I have a leather suite thats huge/heavy and the back rests come off, without taking them off, the suite wont fit through my doorways (about 80 odd cm wide).

So no law then ?;)

unholyangel

rustyboy21 wrote: »

So no law then ?;)

You're really not following, are you? Will rewording it make it easier for you to understand?