Dfs

carolukx

DFS delivered 2 sofas last Monday which are full of holes which I described as like woodworm but are actually in the leather. I have emailed them with no success until today when they requested photos and then replied saying the sofas are not faulty as the holes are simply insect bites and therefore natural. The sofas are riddled with them and I have asked DFS to take the sofas away and give me a refund and they have refused. I do not want infested furniture in my house. I paid via credit card but they say not a lot they can do if the insect bites are natural. They are sending me a dispute form to complete though. Anyone know if I have a claim please. Thanks

unholyangel

How did you pay for them? How bad is it? Does it show up in pictures at all that you could upload?

Personally I'd say its not of merchantable quality. Only people who can really decide would be a judge - but you may be able to sway DFS to see things from your view.

If you paid by credit card, you may be able to claim under section 75 of the consumer credit act which makes the card company jointly liable with the retailer (giving you the same rights with them).

carolukx

Thanks unholyangel> As I said above I paid by credit card and have tried to claim and have sent them all the pics and emails from DFS but they are saying they are not liable as DFS are saying there is nothing wrong with holes made by insects in the leather as this is natural!!!! My question was is it reasonable to expect over 40 holes made by insect bites in new sofas?

Chickabiddybex

Can you showus the holes?

unholyangel

Ah sorry, missed that in your OP.

As above, can you take a picture and upload it?

Basically SoGA says that within the first 6 months, it is for the retailer to prove the fault is not inherent. The problem being, they're denying theres a fault!

It also states:

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a)which is specifically drawn to the buyer’s attention before the contract is made,

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

So if you can give us the necessary details and a picture of the holes, we might be able to give you an idea of whether its the standard a impartial reasonable person would expect for the price paid etc.

Furniture ombudsman?

bigbulldog

If DFS are saying there is nothing wrong with the sofas request a service call to get there opinion maybe that will give you more grounds for rejection(record there visit if you can).

fluffnutter

bigbulldog wrote: »

If DFS are saying there is nothing wrong with the sofas request a service call to get there opinion maybe that will give you more grounds for rejection(record there visit if you can).

Bear in mind that many of these 'independent assessors' work for the companies in question and are unfortunately anything but independent. Their job is simply to reject your claim and save the company money.

I assume we're talking about fairly large sums here so I'd say it's worth finding your own furniture expert to come and take a look.

Stick a pic on here. I also think 'insect bites' is about the most ridiculous excuse I've heard but then I'm no expert on leather.

frugal_mike

Personally I don't see how they can claim insect bites are 'natural'. They are not an inherent feature of leather like a knot or grain is in wood, and personally I've never seen a leather sofa (in any price bracket) with holes in it. Saying insect bites are natural is a bit like saying cat scratches are natural, so if they fail to stop a cat scratching it before they give it to you then that's your problem.

But as fluffnutter says, I'm also no leather expert so may be completely wrong

unholyangel

frugal_mike wrote: »

Personally I don't see how they can claim insect bites are 'natural'. They are not an inherent feature of leather like a knot or grain is in wood, and personally I've never seen a leather sofa (in any price bracket) with holes in it. Saying insect bites are natural is a bit like saying cat scratches are natural, so if they fail to stop a cat scratching it before they give it to you then that's your problem.

But as fluffnutter says, I'm also no leather expert so may be completely wrong

I was thinking last night that's its comparable to buying wooden furniture and then it having woodworm.

While woodworm may occur naturally, I don't think a product that's suffered from it will be of merchantable quality in any way shape or form.

But your last sentence applies to me too so......

judyb

Insect bites are a 'natural' fault found in leather hides. If the cow has suffered scarring due to bites from insects then the leather can be affected by these, however, these areas on the hide should not have been used to cut into furniture panels if the damage is actually evident and holes are visible.
DFS are not incorrect in what they say but the furniture should be rejected if faults such as this were not on show on samples in the showroom. Some leather that is used does show natural scarring and faults but if these type of leathers are used on furniture then the showroom are obliged to have samples to show the customer.
If you have any photos it will really help.
Cheers
Judyb
Instructor in Leather Care and Repair

DFS_representative

Good afternoon

Further to the concerns you have raised I am sorry to hear you remain unhappy.

I would welcome the chance to speak to you and would ask if you can call me on 01302 330 365.

Kind regards

Matthew Howarth
Customer Service - DFS