DFS Sofa arrived damaged. What are my rights.

paye

After waiting 6 weeks for my new sofa from DFS, it finally arrived yesterday. After the delivery men left I sat down on the sofa and I heard this awful squeak. It turns out one of the frame is broken inside along with other things, such as split timbers in the frame, a small hole underneath the sofa, a screw bolt just sticking out of some hole which isn't holding anything. Basically poor workmanship all round.

I rang DFS today to notify them and asked for a new replacement sofa, they refused saying that they need to send out a rep first to view the sofa before they can do anything. This vist is two weeks away.

I know whats going to happen they are going to try to talk to me in getting it repaired. I don't want this as I ordered new goods not damaged goods.



What are my rights, can I request for a new replacement sofa or do I have to give them the opportunity to put it right by repairing it?

In addition can I claim for consequential loss from them as I have to take another day off work to see this rep.

Any help will be much helpful.

regards

:beer:

frugal_mike

If the sofa does not conform to contract on arrival you have the right to reject it for a full refund. You can accept either a repair or replacement if the retailer is willing to offer this, but cannot insist on either of these. The retailer cannot refuse a request for a refund in this situation though. It is not unreasonable to want to inspect the sofa first, but it is up to them to prove the sofa conforms to contract if they want to refuse a remedy.

If you do accept a repair or replacement you do not lose your right to reject for a full refund if the sofa still does not conform to contract.

The retailer must pay for any necessary costs in offering a remedy (such as any costs of collecting the sofa). If you have provable financial losses from taking a day off work then you can probably claim those too, but you have a duty to mitigate your losses.

paye

thank you for the reply Frugal , this clears a lot up for me. Do you recommend me waiting to see the DFS rep and see what they say, or would you recommend I write to DFS, requesting a refund if they are not will to replace it for a new one.

JS1981

Hi there
Did you get anywhere with this? I have the same issue since September 2013. I am getting no where!

nearlyrich

I would write a letter rejecting it as unfit for purpose and give them 14 days to collect it and refund your money send the letter by a traceable delivery service so you can prove they got it. If it's faulty they shouldn't be making you wait two weeks to even see it.

DFS_representative

Hi its Lauren at DFS,


I am very sorry to hear that there were issues with your sofa when it was delivered.


The reason that we send a service manager out to view the furniture is so that we are fully aware of any issues present. Having the full picture enables us to resolve the situation quicker & more efficiently.


I hope that the store have this matter in hand and that this issue is on the way to being resolved. However, if you would like to speak to us in head office customer service please do not hesitate to contact us.


Many thanks


Lauren
DFS Head Office Customer Service
Tel: 01302 330365

visidigi

DFS_representative wrote: »

Hi its Lauren at DFS,


I am very sorry to hear that there were issues with your sofa when it was delivered.


The reason that we send a service manager out to view the furniture is so that we are fully aware of any issues present. Having the full picture enables us to resolve the situation quicker & more efficiently.


I hope that the store have this matter in hand and that this issue is on the way to being resolved. However, if you would like to speak to us in head office customer service please do not hesitate to contact us.


Many thanks


Lauren
DFS Head Office Customer Service
Tel: 01302 330365

Makes no difference. The buyer is allowed to reject the goods and you should make it as easy as possible for them to do so. Expecting someone to wait two weeks with a broken product so you can inspect it is quite honestly unacceptable.

JS1981

VISIDIGI - I had the same problem I received my sofa 18 September 13 and theearliest anyone came out to see me was 11 October 13. If I had known I wouldhave rejected the suite within the 2 week period. Now I'm left with a faultysofa which has been repaired 4 times and still no solution.