Mis-sold a Sofa (and chair)

pitman2

Hi all,

first time poster

Just before Christmas my partner and I were looking to buy a new sofa and chair as our existing one had come to the end of its lifespan. We enquired at a local shop (Suites Direct) that specialises in end of line suites at very good prices. We were in the market for a 3 seater and single chair from the outset and made this clear with every discussion we had with the shop. I initially didn't want to make a purchase until after xmas and specifically in the New Year to get the cost of Xmas out of the way first. I received a call from the shop after leaving my details, outlining that they had 3-seater sofas in stock and where they were normally £299 in the boxing day sale they were going to be £199 the same price as a single seater, knowing how much of a bargain this was, I confirmed with the shop owner that I would be in on boxing day to buy one, as he said he wouldn't be able to offer it at that price after the event.

I went into the store on Boxing day to purchase and order the sofa, where I was told the 3-seater in the colour we wanted wasn't in stock at the present time but they had some in the "warehouse" that they would be able to get to me by the 3rd Jan, as it is closed over the Christmas period. I reluctantly agreed and said I would pay an initial deposit until all of the sofa is delivered/available to view. I went to pay by card at which point the sales person stated that the card system had been down for some time (4wks before Christmas) and the engineer hadn't turned up to instal the new one, it was at this time that I started getting the tell tale hairs sticking up on the back of my neck, but I ignored them and paid half the cost up front in cash and received a receipt confirming a Langley 3-seater and 1 seater chair were on order for £398 with a £200 deposit paid.

On the 31st December we went into the shop to pay the outstanding amount and confirm the delivery for Friday 3rd for the 3 seater and chair, we were told that the chair wasn't available for this date as it had to be delivered from the "factory" this time, but could be delivered on the Monday 6th, we said this wasn't ideal but as my partner was off work it would be ok this time.

Skipping forward to the 3rd (today), I waited in until the suite arrived, when it was bought into the house I thought that it looked the same size as our old sofa, which we had "sold" on freecycle, as it fitted in the telltale grooves on the old sofa. I questioned this with the delivery guys who just said its definitely the 3-seater ad we would have to take it up with the store. When my partner saw it she confirmed my suspicions and said it was a 2-seater. I then checked on the DFS website (as this was where the sales person told me they got the stock from) and the 3 seater sofa was 209cm in length, the one we were supplied came in at 181cm.

When I rang the store to point this out, they confirmed that the sofa that was delivered was the 3-seater, when I explained it wasn't as I measure the dimensions on the website, the story changed to well that was the sofa you said you wanted in the store, I denied this as all along I wanted a 3-seater (and was happy to pay the "pre-sale" price of £299) but seeing as it was on sale for £199 I obviously purchased this sooner, based on the sales persons conversation with me.

I am going into the store tomorrow to sort this out, please can anyone give me advice as to what my rights are? The facts are these;

1. Always maintained we required a 3-seater
2. Price confirmed over the phone for a 3-seater on boxing day only was £199
3. Receipt quotes Langely 3 +1 chocolate (£398 all paid)
4. Throughout all negotiations the 3-seater option was always requested.

Any help would be greatly appreciated.

frugal_mike

If the contract was for a 3 seater and they delivered a 2 seater then they are in breach of contract. You are entitled to reject the sofa for a full refund if they won't send you the 3 seater that you ordered. Take a screenshot of the website that lists the dimensions for the different sofa sizes just in case that disappears.

pitman2

Thank Mike, I forgot to add that the owner offered a full refund, however the point being we were expecting a 3 seater for the price quoted and subsequently bought it sooner than we would have liked because it was reduced in the sale.

Why companies can't just supply what they state is beyond me!

InsideInsurance

pitman2 wrote: »

Thank Mike, I forgot to add that the owner offered a full refund, however the point being we were expecting a 3 seater for the price quoted and subsequently bought it sooner than we would have liked because it was reduced in the sale.

Why companies can't just supply what they state is beyond me!

If they give you a refund they have fulfilled their obligations, only if you can prove you've had financial loss due to their breach beyond the purchase price could you expect anything more and then its possibly more hassle than its worth to get it.

Chickabiddybex

They sell "end of line" products that come from... A factory?
Hmm.