Harveys

rustyboy21

unholyangel wrote: »

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

No.

What you are not taking into account, is that the OP has already stated that they have had issues with the sofa actually being delivered. They state that it will be an extreme fit , even if they take all the covers off. This will most likely end up as some sort of damage to either the sofa or their walls/woodwork etc..

IMO , Harveys have offered a very good service, as they have taken the sofa back to the deopt. They have offered to resend it out, with a team, in order to try and get it inside the house.

The first post essentially by the OP are' Can I get a refund?' To me, this is the fault of the Consumer, not the retailer. There have been many posts on this site, from people who have bought extremely large furniture/TV's etc and have come on here moaning that they have had poor service, because they have had issues with delivery being completed. One was , someone complaining about a very large corner sofa, not fitting in the lift and they lived on something like the 10th floor.

The responsibility of your purchase lies firmly with YOU ( the consumer). It is not the fault of Harveys, that it won't fit through the doorway. Your advice of taking the front window out to get the sofa in, will most likely sort it out, but who is going to pay for that to be done? It certainly shouln't be the retailer.

Scenario's like this, should be exactly the same as if you have bought something fom a shop and decided you now don't need it. It is purely up to the goodwill of the retailer to take it back and refund, you have no automatic right for a refund. It would be the same, if you bought a 8 berth motorhome and thought you would get a refund, because it won't fit into your one car garage. It should be ' Tough t1tties, not our problem'

The OP is being looked after by Harveys, they have offered to get a team to deliver for them, if not try and sort things out like a smaller sofa. The OP, shouldn't get a refund as an automatic right, something that more and more people demand and expect and if it doesn't go their way, they come on here dissing the retailer and giving them a bad name.

unholyangel

Who said the OP should get a refund as an automatic right? Or that the retailer should pay to have the window pane removed?

When I said the pane removal would work out cheaper, I was talking about out of the OP's pocket. In comparison to any money they might lose through resale of the suite. And at least with the pane removal...they still have the suite they wanted.

We were discussing reasonable care element. It is a basic element of common law. SoGA does cover sellers rights for non-acceptance of delivery however and yes, they state the seller may be able to charge reasonable storage fee's.

It is because of duty of care that you cannot simply dispose of goods sent to you in error and that you must notify them of your intent to do so. Or if a courier damages your parcel while its in their care. Or if a workman damages your property when carrying out his work.

I honestly thought you were kidding when you were asking for the law which backs it up since its such a fundamental principle.