Urgent. Please help. Sofa deliverd with unseen manufacturing fault. Consumer rights

System

Hi InsideInsurance,
I sent the email yesterday... I would like to say that I explicitly reject the goods under the Sales of Goods Act (amended). Also that the retailers choice of repair, replace or refund only comes about once the goods are deemed to be accepted hence- I reject the goods under the Sales of Goods Act (amended). Therefore I am with in my rights to have a full refund.

Today the company replied with this...We would disagree with that interpretation of the act and believe we are acting in accordance with the law by offering you a repair if a fault is found and we would stand by that assertion.

As soon as the technician submits his report we would be back in touch with the best way to proceed.

Kind Regards
....................................
Sales Executive.

The technician is due tomorrow.
What will he/she ask, will I have to sign anything, is there anything you can add to help with the replied email?

Thank you

shaun_from_Africa

Newlook wrote: »

Today the company replied with this...We would disagree with that interpretation of the act and believe we are acting in accordance with the law by offering you a repair if a fault is found and we would stand by that assertion.

What will he/she ask, will I have to sign anything, is there anything you can add to help with the replied email?

I would suggest that you reply to them stating that according to Trading Standards, their interpretation is incorrect.

http://www.tradingstandards.gov.uk/cgi-bin/brent&harrow/con1item.cgi?file=*ADV1024-1011.txt

When am I entitled to a refund?
If you have not in the legal sense 'accepted' the goods, you are entitled to reject them and claim a refund of the money you have paid or a credit back to your credit or debit card. Rejection means informing the trader that the goods are faulty and that you do not want them. Acceptance usually takes place after you have had the goods for a reasonable period of time without telling the trader that you are rejecting them or if you have altered or customised the goods in any way. The period during which you can reject the goods is not clearly defined in law and can depend on the type of goods you have purchased and the facts of the case. If you want to reject the goods you should:

shaun_from_Africa

The way that I would go about dealing with the technician is to allow them to visit and carry out the inspection and don't mention anything to them about rejection at this time.
Wait until they have finished their check then if/when they state a repair is needed, refuse to allow this and then tell them that you are rejecting the sofa.

System

Thank you.

The only concern I have is this.
I ordered the exact replica of their on-line image, however I had difficulty ordering on-line and was directed to phoning the company (the order and payment was over the phone by Visa debit card).

On answering the phone they said that my order involves a modification, a special requirement as the studs on their on-line image are gold although they look silver on the image, and although the feet were black on the image that would be a modification too as it only comes with brown feet as standard .

I wanted silver studs and black feet. I did not do the specification / alteration, they did the actual work. Does this effect my rights? My receipt does not state any modifications or extras just the actual items and fees.

Thank you

vuvuzela

Newlook wrote: »

Thank you.

The only concern I have is this.
I ordered the exact replica of their on-line image, however I had difficulty ordering on-line and was directed to phoning the company (the order and payment was over the phone by Visa debit card).

On answering the phone they said that my order involves a modification, a special requirement as the studs on their on-line image are gold although they look silver on the image, and although the feet were black on the image that would be a modification too as it only comes with brown feet as standard .

I wanted silver studs and black feet. I did not do the specification / alteration, they did the actual work. Does this effect my rights? My receipt does not state any modifications or extras just the actual items and fees.

Thank you

I would see that as it not being made 'personalised', they have simply fitted other off-the-shelf components to it.

shaun_from_Africa

Even if the sofa was fully personalised for you with it being made to measure, specific fabric and different feet, this wouldn't have any effect on your right of rejection and requirement for a full refund if it was faulty on delivery.

The personalised aspect only comes into play if you are trying to get a refund onder the Consumer contract regulations (what took over from the Distance selling regulations in May this year).

System

Hi shaun from Africa,

I have just received this.

Hi, Again we stand by our interpretation of the law and that we are legally obligated to offer refund or repair in the case of fault.

I'd also say that the final sentence in that paragraph is important. In your case these are bespoke goods that have been made to order to your specification and our terms supplied on order clearly state that repair will be offered in the first instance.

"The period during which you can reject the goods is not clearly defined in law and can depend on the type of goods you have purchased and the facts of the case."

If we wait to see what the technician says and take it from there I think that would be the best course of action.
Kind Regards

Shaun, as mentioned earlier-

The only concern I have is this.
I ordered the exact replica of their on-line image, however I had difficulty ordering on-line and was directed to phoning the company (the order and payment was over the phone by Visa debit card).

On answering the phone they said that my order involves a modification, a special requirement as the studs on their on-line image are gold although they look silver on the image, and although the feet were black on the image that would be a modification too as it only comes with brown feet as standard .

I wanted silver studs and black feet. I did not do the specification / alteration, they did the actual work. Does this effect my rights? My receipt does not state any modifications or extras just the actual items and fees.

Thank you

shaun_from_Africa

I'm sure that they know exactly what the law requires of them and their "interpretation" is simply an excuse to get you to accept a repair.
There is no exemption to the right of rejection for faulty goods, even personalised ones provided that the rejection happens within a reasonable time from delivery and before legal acceptance of the goods has been deemed to have occurred.

In your case these are bespoke goods that have been made to order to your specification and our terms supplied on order clearly state that repair will be offered in the first instance.

Their terms cannot override your statutory rights and by attempting to do so, the company concerned is committing an offence.

Personally, I would wait until the technician has visited and given their opinion and then take it from there.
If they agree that there is a manufacturing defect then you are entitled to a full refund if this is what you wish but it's starting to look like you may have a bit of a fight ahead of you to get this.

This site:
http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_what_you_can_do_about_faulty_goods_e/faulty_goods_problems_getting_your_money_back.htm
gives lots of good advice.

sniggings

not sure how much the card company will get involved but if you paid with a credit card they would help loads, debit may be different, worth ringing and asking them...the more time the company take on this the more chance you will get your refund, I also believe once a card company gets involved they charge the company involved extra fees.

What company is this, I'm about to buy a sofa, would like to stay clear of this lot.

System

Hi shaun from Africa,

Technician has been today. Didn't have knowledge of both faults, just the first mentioned one to the company, Excessive Movement in the frame, so I mentioned the other- Excessive Creaking.

He was reluctant to comment but took photographs of the areas of issue by using a paper arrow to point them out as you can't actually see the faults.

I refused to sign his paperwork, but was persuaded to as it was circled NO! Customer Does Not Accept Repair.

I asked if I would receive a copy of the report , he said no unless I pay the involved company (Sofa) for one. Also, to wait about nine days and the company (Sofa) would get back in touch. I contacted the company to say that Technician had been and that I looked forward to the result, but nothing else.

Thank you again.