Cancelling SCS Order

John_McClane

Hello, I wonder if anyone can advise on the below.

Over 10 weeks ago I ordered a sofa set from SCS, it came today with noticeable paint marks on one of the arms. The driver didn't even get it out of the van due to the marks. So I didn't get to check it all over as paint marks maybe elsewhere, but i'm guessing they will say it did not.

Anyhow, to get a new one will take another 10 weeks. I really don't want to deal with SCS anymore, there customer service is rubbish. I'd much rather order one from elsewhere and have got a couple in mind.

My query is how cancellable is this order, I went to the store to try to cancel it. They were pretty unhelpful as all the managers were away so no one could authorise a cancellation, they also said they had to check the sofa etc. The delivery guys came in as they were there so it was clearly in front of them with the marks. I'm sure SCS will argue it could be buffered out or something and I need to give them opportunity to replace it etc.

What is the law/rules here, I don't want that sofa and don't want to wait another 10 weeks for another one (from SCS). I have a photo of the marks, maybe it can be buffered out (i'm not an expert) but it should of come here in good condition in the first place.

Also I haven't paid anything yet, I could of had a extra 5% off if we paid a deposit but chose not to with the understanding if it wasn't right I haven't paid anything.

Sorry for long post, i'm just a bit mad.

frugal_mike

The Sales of Goods Act allows you to reject unsatisfactory goods for a full refund if acceptance has not occurred. The store does not have the right to insist on a repair or replacement. Acceptance clearly did not occur because you noticed the faults before the sofa even left the delivery van. Since you haven't paid anything there's no refund to give you so that should be that.

I'm assuming here that the marks wouldn't just wipe straight off without a trace.

arcon5

Doesn't matter what they can argue.... you've rejected goods that didn't conform to contract and can claim a full refund - which since you haven't paid is more of a credit note on your 'account' - thus balance owed = nil.

You haven't signed a credit agreement or anything have you? If not, write a letter (recorded post) telling them just this and move on. They'll probably try make you continue with the purchase but you really have the upper hand here as you haven't paid.

John_McClane

thanks for that. That's what I'm thinking.

From what i've read the sale of goods act seems to state you have the right to a refund, have it replaced or repaired for free.

Obviously 3 choices there but, I can't figure out who has the choice. Is it the consumer or SCS. If it's my choice I would pick refund but they would choice one of the other two.

I never tried to wipe it off, I kinda felt like I didn't want to touch it as in my head it wasn't my property. It definitely seemed permanent, for me it should of been delivered without the obvious marks.

John_McClane

arcon5 wrote: »

Doesn't matter what they can argue.... you've rejected goods that didn't conform to contract and can claim a full refund - which since you haven't paid is more of a credit note on your 'account' - thus balance owed = nil.

You haven't signed a credit agreement or anything have you? If not, write a letter (recorded post) telling them just this and move on. They'll probably try make you continue with the purchase but you really have the upper hand here as you haven't paid.

not sure what you mean by credit agreement. I signed something stating I will pay in like six months after the sofa was delivered (assuming all is well). I haven't given them any bank details though.

wealdroam

John_McClane wrote: »

thanks for that. That's what I'm thinking.

From what i've read the sale of goods act seems to state you have the right to a refund, have it replaced or repaired for free.

Obviously 3 choices there but, I can't figure out who has the choice. Is it the consumer or SCS. If it's my choice I would pick refund but they would choice one of the other two.

The choices you mention are about a fault that appears after acceptance of the goods.

The Sale of Goods Act allows you to reject the goods and receive a full refund if the goods do not conform to contract.

Clearly in your situation you are wanting to reject the goods and are entitled to a full refund.

wealdroam

John_McClane wrote: »

I signed something stating I will pay in like six months after the sofa was delivered (assuming all is well).

That's a credit agreement.

John_McClane

wealdroam wrote: »

The choices you mention are about a fault that appears after acceptance of the goods.

The Sale of Goods Act allows you to reject the goods and receive a full refund if the goods do not conform to contract.

Clearly in your situation you are wanting to reject the goods and are entitled to a full refund.

ok thanks, I guess I will be having to have a lot of arguments if SCS don't be fair about it.

i imagine they will say it just needed a bit of buffing, in truth it would need a lot of work to fix it and clearly wasn't in fit condition when delivered.