Sofaworks have damaged my floor!

MercilessKiller

Hi All

I bought a sofa from sofaworks back in May for a new property with a lovely new hardwood floor. They told me when they delivered/installed the sofa that they would put padding on the feet to protect the floor (as promised in the shop).

I naturally assumed all was ok though have just had a look and incredibly angry to see that some of the legs didn't have proper padding on! It appears they did have some bits of padding, but not covering the metal screw that dug into the hardwood floor!

This means that now I have some major damage to the floor due to the lack of proper padding!

I've emailed Sofaworks (they take weeks to reply usually and can't get through via phone) but wondering around liabilities and whether anyone else has had similar issues and can help advise on best steps?

Thank you!

MercilessKiller

P.S when the hardwood floor was installed they did give me about 20 extra panels, so I imagine a floorman can fairly easily pull up the scratched/damaged ones and replace? I have no idea really but just guessing - in which case the cost to me may be not so bad to fix?

somethingcorporate

Is the floor glued down? this will make the floor a lot harder to replace.

Have you spoken to the company about this? Do you have anything in writing from them that confirms they protect the feet of their furniture? Common sense suggests you should check heavy furniture before sitting on it to make sure it's not going to damage your lovely floors.

Furts

somethingcorporate wrote: »

Is the floor glued down? this will make the floor a lot harder to replace.

Have you spoken to the company about this? Do you have anything in writing from them that confirms they protect the feet of their furniture? Common sense suggests you should check heavy furniture before sitting on it to make sure it's not going to damage your lovely floors.

I am fully with this. OP ordered a sofa, which had to be fit for purpose - that is sitting in it - and here it appears to be OK. OP made specific requirements regarding the feet putting the onus on the retailer. The retailer appears to have failed on this. However OP had a common sense duty to check this modification, confirm the suitability, and in particular to check the underside of the sofa for protruding screws. Had this been done effectively either the sofa would not have been purchased, or it would have received a cursory check over when delivered. Both scenarios would have prevented any problems occurring.

It is often said the "consumer is always right". The reality is countless consumers create endless hassle for retailers.

tomm156

we had the same with trago mills when they delivered a sofa and scratched the laminate. they refused to pay at first but after talking to ca and sending a letter to start small claims court they paid up. we had to get 3 quoted and they paid an average price. if I recall it was a staple that was holding on the plastic packaging that damaged our flooring

MercilessKiller

Hi Everyone - I wanted to provide an update.

Though firstly, a response to somethingcorporate who's comment was pretty idiotic. While common sense suggests you test furniture on the floor as you put it (trying to imply I don't have any), do you plan to take every single sofa you look at back home to setup on your floor to sit on for a few weeks before inspecting the floor before purchasing? Don't be ridiculous. We went into the shop, we asked them about it, and they promised us it would be fine. When it was installed, they put feet on to protect the floor as promised, but the simple fact is those feet weren't suitable. Why would I doubt the experts? Then, when I inspected it later, I found the damage. I did everything right as a consumer, and trying to imply I don't have common sense is a bit ridiculous.

Right, now for the actual update after spending time replying to that.

Sofaworks have indirectly confirmed to me that the incorrect feet were applied by the staff member. How? Well, I sent them a pic of the damage and a pic of the bottom of the sofa's legs, and they replied saying the following:

"Good Morning

Please can you provide a costing for the repair to the floor, I have sent new pads that should cover the whole area, however as this is metal on wood a part of the responsibility will be on yourself after the issue has been fully resolved we would be unable to uphold a further case,

Kind Regards"

Why would they have sent new pads if the existing ones were suitable? It's quite clear that they don't believe the pads applied were indeed suitable which in my opinion is showing liability - No?

I've been to Carpetright who told me they can't repair the damage, and the quote would be £1,200 as the entire floor would need to be replaced (that price is for a similar standard/similar colour for the entire space it's covering).

I've sent on that cost to Sofaworks and awaiting a response, but now I'm wondering if they would indeed legally have to cover the entire cost based on that response above?

The oddest part is the implication that due to it being metal on wood, it is my responsibility - However, they had installed feet to protect the floor and tell all customers that they do provide protection for sofas on hardwood floor so that it's not damage. Either they do or they don't... And legal wise, if they do but it fails, it's their liability for the damage, right? I Imagine if I go back in to sofaworks (or sofology now) and ask them about a new sofa on a hardwood floor, they would promise me that it would be made suitable so it wouldn't damage the floor...

I'll update you all with the outcome of the case - If Sofaworks don't pay out the full amount, we'll consider the £70 to take them to small claims court. I might go in with a tape recorder first (and ask permission to tape the conversation) using the excuse of being stung by sales people in the past on prices... or an independant witness I suppose?

Furts

MercilessKiller wrote: »

Hi Everyone - I wanted to provide an update.

Though firstly, a response to somethingcorporate who's comment was pretty idiotic. While common sense suggests you test furniture on the floor as you put it (trying to imply I don't have any), do you plan to take every single sofa you look at back home to setup on your floor to sit on for a few weeks before inspecting the floor before purchasing? Don't be ridiculous. We went into the shop, we asked them about it, and they promised us it would be fine. When it was installed, they put feet on to protect the floor as promised, but the simple fact is those feet weren't suitable. Why would I doubt the experts? Then, when I inspected it later, I found the damage. I did everything right as a consumer, and trying to imply I don't have common sense is a bit ridiculous.

Right, now for the actual update after spending time replying to that.

Sofaworks have indirectly confirmed to me that the incorrect feet were applied by the staff member. How? Well, I sent them a pic of the damage and a pic of the bottom of the sofa's legs, and they replied saying the following:

"Good Morning

Please can you provide a costing for the repair to the floor, I have sent new pads that should cover the whole area, however as this is metal on wood a part of the responsibility will be on yourself after the issue has been fully resolved we would be unable to uphold a further case,

Kind Regards"

Why would they have sent new pads if the existing ones were suitable? It's quite clear that they don't believe the pads applied were indeed suitable which in my opinion is showing liability - No?

I've been to Carpetright who told me they can't repair the damage, and the quote would be £1,200 as the entire floor would need to be replaced (that price is for a similar standard/similar colour for the entire space it's covering).

I've sent on that cost to Sofaworks and awaiting a response, but now I'm wondering if they would indeed legally have to cover the entire cost based on that response above?

The oddest part is the implication that due to it being metal on wood, it is my responsibility - However, they had installed feet to protect the floor and tell all customers that they do provide protection for sofas on hardwood floor so that it's not damage. Either they do or they don't... And legal wise, if they do but it fails, it's their liability for the damage, right? I Imagine if I go back in to sofaworks (or sofology now) and ask them about a new sofa on a hardwood floor, they would promise me that it would be made suitable so it wouldn't damage the floor...

I'll update you all with the outcome of the case - If Sofaworks don't pay out the full amount, we'll consider the £70 to take them to small claims court. I might go in with a tape recorder first (and ask permission to tape the conversation) using the excuse of being stung by sales people in the past on prices... or an independant witness I suppose?

I am not a lawyer but I read matters as Sofaworks are saying they will not entertain future claims after this one has been resolved. Sofaworks are also making you responsible for putting on the protectors - hence here an onus or liability is being put on you. I have not seen the feet nor the protectors but it appears Sofaworks are wary of, or do indeed foresee, future problems. Here you need to think carefully. If future problems are going to occur should you be changing strategy?

MercilessKiller

Thanks Furts - VERY interesting post.

The thing that's most interesting for me, is all the marketing material from Sofaworks for this particular sofa (The Napier) including their specs sheets physically shows the sofa on a hardfloor!!! Surely if:
a) They're advertising it on hardfloor
b) When purchasing, their sales people tell me it's fine for hardfloor as they provide protection
c) When complaining about the damage, they send DIFFERENT feet (implying the wrong ones were used) meaning they do have different protectors for it...

The point I'm making is the only reason I didn't invest/research in other protection is this was all promised to me, and I was specifically told safe protection had been fitted when the man who setup the sofa left...!

Regarding the change in strategy, there are lots of independant items out there to allow metal sofa feet on hard floor without damaging them. Should I have the floor replaced (as per the quote), I would deal with the protection myself....

But the main issue here is why would I have even considered that when at purchase and installation, I was constantly told I don't need to worry or do anything...

And FYI, the damage is bad. The protectors they put covered the outside ring of the chrome feet but they did nothing to the huge screw in the middle which actually is slightly further than the round chrome edges... It was pretty special that they added protection to the edges but not to the huge giant screws in the middle (all 8 of them)...

Furts

MercilessKiller wrote: »

Thanks Furts - VERY interesting post.

The thing that's most interesting for me, is all the marketing material from Sofaworks for this particular sofa (The Napier) including their specs sheets physically shows the sofa on a hardfloor!!! Surely if:
a) They're advertising it on hardfloor
b) When purchasing, their sales people tell me it's fine for hardfloor as they provide protection
c) When complaining about the damage, they send DIFFERENT feet (implying the wrong ones were used) meaning they do have different protectors for it...

The point I'm making is the only reason I didn't invest/research in other protection is this was all promised to me, and I was specifically told safe protection had been fitted when the man who setup the sofa left...!

Regarding the change in strategy, there are lots of independant items out there to allow metal sofa feet on hard floor without damaging them. Should I have the floor replaced (as per the quote), I would deal with the protection myself....

But the main issue here is why would I have even considered that when at purchase and installation, I was constantly told I don't need to worry or do anything...

And FYI, the damage is bad. The protectors they put covered the outside ring of the chrome feet but they did nothing to the huge screw in the middle which actually is slightly further than the round chrome edges... It was pretty special that they added protection to the edges but not to the huge giant screws in the middle (all 8 of them)...

As before I am not a lawyer, but would suggest your argument can easily be countered on items a), b), and c).

Take a): an advertising photo is not a condition of contract and somewhere there will be exclusion clauses to this effect. Think it through...last night whilst watching TV a Renault advert showed the latest car coming out of a cinema screen. Hence if I buy a new Renault and mine is not capable of this am I entitled to complain?

Take b): the sales people may be unskilled, minimum wage, barely adult, low educated, commission earning dunderheads who will deny everything and may have put nothing in writing to form a contract regarding the suitability of the feet. You will be arguing against "The Computer Says No" with no written details to support your position.

Take c) Sofaworks could argue the replacement is a gesture of goodwill, or issued without liability.They may also claim the item is modified, or altered, because the original supplier is no longer available. Hence it it is a quirk of fate that the new article is different to that before!

It does appear Sofaworks are trying to reach a middle ground, knowing something has gone wrong, but I sense they are expecting you to also compromise to a middle ground position. You do not have a watertight case, and you have a liability in this situation. A responsible consumer would have checked the suitability, inspected the sofa on delivery, then flagged up any problem the moment anything untoward was spotted.

I am not being harsh, even if it sounds like it! I am simply reminding you of a principle of consumer behaviour which is to mitigate loss. Had no Duty of Care been followed on purchase or delivery, the damaged floor should probably have been nipped in the bud long before now.

MercilessKiller

I understand and appreciate the counters Though I think the main thing here is they applied those feet in the first place - I need to check whether that's confirmed in the purchase order they signed (I think it was but I need to double check as that will be key too). By applying the feet in the first place, but feet that aren't suitable, which then causes damage, that's the part that makes them liable.

I'd also argue your point that I hadn't checked suitability or inspected the sofa - I saw them put feet on the sofa and had assumed they were suitable for that specific sofa. But they were obviously not...

Lets go back to the points you countered:

Point A: Your counter doesn't quite make sense as you could easily drive a Renault through a big cinema screen (it's cloth) and it would work absolutely fine! Though I would also argue that in marketing, there is a major difference between something that is general use, and something that is clearly an exaggeration for marketing purposes - I.E lets say there was an advert showing a child playing with a toy, but then lets say a child fell ill playing with the toy, and though the product had no warnings, they then came out and said "well, we didn't envisage children using it", the liability is on the toy manufacturer.

Is it expected that this sofa will be used on hard floor? 100% yes. Absolutely. Their marketing material itself uses it on hard floor and that is a common use. However, the sofa requires protection for hard floor, which Sofaworks confirm they do provide during installation (this is part of their process.. not just what one low paid sales person said...). Yet the protection didn't suffice and thus the floor was damaged.

I feel like as a consumer, I took all reasonable steps and the sofa company in this particular case have not adhered to their responsibility!

Point b: As per the above, there is no argument as to whether the sales person said this. Equally, if said sales person did confirm that protection is provided on sale, that does form a verbal agreement regardless of paper. There is no contract or purchase agreement that states that if the protection they apply fails, they are not liable.... Not that I've seen anyway But I may be wrong.

Point C: Yup, you're right here - Except, I would find it odd that they provide a gesture of goodwill for something so severe. They had already seen the substantial damage BEFORE offering to send the new feet while asking for a quote for the damage.

If they did offer a meet in the middle somewhere, it would pose an interesting situation which I hadn't thought of. I'm not on the warpath here to make money... But there is a point here. The retailer sold something in a certain way, and that's caused damage. The retailer then asked for a quote for repair - If they weren't liable or didn't feel liable, they wouldn't have even suggested asking for a quote....

emmatthews

Can the damage to you floor not be repaired? My brother and his wife had a hideously damaged wooden floor which a carpenter/wooden flooring fitter has restored to perfect condition. Unless you have moved the sofa a lot then surely the damage is in quite a small area?

Did you try a tradesman or go straight to Carpetright - who are obviously in the business of selling new flooring!?