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Oak furniture land - refusing to accept return
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Sadly because you ordered it from the store you can only accept the stores plan of action. You have the right to a refund, repair or replacement but that's at the stores discretion and they are going for a repair by the sounds of things.
Since you ordered in the store you had the chance to inspect the goods so can't reject them in the same way you would if you purchased them online.
If however the store opts to refund the sofa then I can't see why you should be made to purchase the footstool. But for the fact of you buying the couch you never would of bought a footstool.
That being said you may have to dig your heels in a bit, we all know that you bought them to match. But there is no law to say thats the case - effectively you bought two goods, the same as going to Currys and buying a Washing Machine and a Tumble Dryer. One failing doesn't affect the other but it seems daft to have a Tumble Dryer with no Washing machine.0 -
Since you ordered in the store you had the chance to inspect the goods so can't reject them in the same way you would if you purchased them online.
I don't like to assume, but for my information I am asking this question.
In a furniture store, I inspect a show room sofa, so to then say I don't like it because X (in this case they don't bolt together) does that count as I have inspected the good. But damage on the item delivered, unless I am taking the display model, I cant inspect.
What makes this further complicated (correct me if I am wrong) is the fact they have discontinued the range. So therefore replacement difficult (if it's a chain could they not ask if other stores have one in storage)Proud to have dealt with our debtsStarting debt 2005 £65.7K.
Current debt ZERO.DEBT FREE0 -
As an aside,where is all this oak coming from anyway?Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..0
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I was actually thinking something like this last night.
Surely there's an argument to be made that the sale was a linked contract. And that by cancelling one, it should cancel the other.
I don't think a reasonable person (by that I mean the majority of people) would buy or accept a mismatched suite. Especially if it was ordered at the same time, theres an argument to be made its a linked contract.
Yes they're sometimes priced individually, but in my experience that tends to be where you can mix and match which pieces you want (ie 3 seater & 1/2 chairs, 3 seater & 2 seater etc).
Different perhaps with other stuff, but certainly with a suite I wouldn't accept non matching when what I had purchased was matching and me buying the footstool was conditional upon me buying the matching suite.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
That would hold more weight if the suite was irreparable/unavailable etc.
The OP is not stuck with a mismatched set, but he is not willing to get his suite repaired which would cause them to match.
I'd be getting the repair and asking for a hefty discount off my sofa, rather than returning the footstool.0 -
marliepanda wrote: »That would hold more weight if the suite was irreparable/unavailable etc.
The OP is not stuck with a mismatched set, but he is not willing to get his suite repaired which would cause them to match.
I'd be getting the repair and asking for a hefty discount off my sofa, rather than returning the footstool.
SoGA allows you to rescind the contract if the goods don't conform and acceptance hasn't taken place. Rescission is a unravelling of the contract - to put them back in the same position had they not entered the contract (save for the exception the SoGA specifically states - for the retailer to make a deduction for use the consumer has had). If OP had not entered the contract, they would not have purchased the footstool. In order to rescind the contract, they need to rescind the contract for the footstool.
ETA: Put it this way, if people here ordered a 3 seater and a 2 seater, and one was faulty on arrival, would you really think you would have to accept the other one? Or would you be entitled to be put back in the position you would have been in had the contract not been entered into?
I dont think this contract is severable. In some circumstances they are, but imo this isn't one of them.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Hi I had the same problem
They said the only way to not incure charges was to return it to there head office in Swindon , I was out side there door at 8 am ( from Portsmouth ) 70 odd miles but it was worth it to see there faces , first they wouldn't let me in , but after a haggle they did , and good riddance to bad rubbish
Hope you got sorted your end ,
Ray0 -
BrOAKen furniture land
#365 10th Oct 15, 8:58 PM
We went into the store at Ocean Park Portsmouth the sales man was a true gent , we found our ideal table and chairs , the cost was appealing with the interest over 4 years , 3 week delivery , it turned up two days later , great here we go , put it all together , found damage on the table , no problem I rang there head office , they wanted pictures of the damage to access, so of I went and took pics , sent them in and rang them again only to have them say they will send a professional out to repair the damage , I said I have just paid over £1000 and don't want a repaired table we haven't had it 24 hrs yet , he said this is the only option , I then asked if you replace the top I would be happy with the process , he replied that not an option , so then I mentioned option 3 take the whole order back and cancel the whole order , he said that's fine but wanted £39 paid immediately by myself to collect the whole order and refund the item , I then said I am not happy to do this as its there problem in the first place , they then said the only way I would not incur charges is to deliver the order to there head office and distribution center in SWINDON .I was up their from Portsmouth at 8 am the following morning ( love a challenge ) ,
they then tried to say we don't take returns here and have no record of the conversation with me ,
I delt with a young lady from there office and she excepted the goods , I dropped it of at their loading bay 1, their guys in the warehouse were great and helped with the unload of my truck , ( thanks to the lady in the office , and the boys in the loading bay ) there is real people at OFL
Other problems I noticed all the joints with the chairs and table were done with a pocket jig ,and not tenons like most of the competitors I have been back to OFL today and taken pictures of the shoddy workmanship of the chairs , it is cheaply made mass produced and unfinished , you are given a tin of wax and asked to apply once you take delivery , you will need to sand it first as its rough to the touch and in need of a lot of work to look like there showroom stuff ,
CHEAP MADE IN CHINA FINISHED BY US THE IDIOTS THAT BUY IT
DO NOT BUY FROM THIS COMPANY
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