Sofa broken after failed repair attempt. Am I entitled to a refund?

unholyangel

daytona0 wrote: »

Also, their very last bit relates to what I said earlier; YOU AREN'T ENTITLED TO A REFUND FOR ITEMS WHICH HAVE NO INHERENT FAULT! The 1seater and 3 seater are fine, so jog on! Plus you've had 9 month's use.... it aint a free rental service

This is wrong - with linked contracts (ie contracts you wouldn't have entered into if you hadn't entered into the main body of the contract), when you're entitled to end one, that extends to the others.

daytona0

unholyangel wrote: »

This is wrong - with linked contracts (ie contracts you wouldn't have entered into if you hadn't entered into the main body of the contract), when you're entitled to end one, that extends to the others.

Yea I suppose that makes sense!

LABMAN

daytona0 wrote: »

Yea I suppose that makes sense!

Report card says: daytona0 must pay more attention!

hpuse

Sounds like DFS....
Just wondering, in your email on 21st April, have you asked them what is their policy on items developing faults within 1 year of repair (i.e warranty on repair).

No one here has said this yet- so I have to say this:
As a customer, you deserve a good sofa in usuable condition. If it was repaired - it should be in a good state after repair for a 'minimum' period. It doesn't matter it is the fault is with manufacturer or retailer. This is a common blame-game played by dodgy retailers. The retailer has to fix your problem. Period.

djskinner wrote: »

Hello,

I am writing to ask for advice on my consumer rights as it relates to a 3 piece suite I purchased. Shortly after receiving the sofa a fault developed which the retailer repaired. Less than a year later the repair has failed and the sofa is broken in the same place again. After having had a difficult time dealing with the retailer every time I've had to raise an issue with them, the sofa initially arriving in the wrong colour, and the amount of time the sofa has been unusable whilst awaiting repairs I feel that a full refund is the only acceptable course of action now. I would like to understand whether I am entitled to get a refund and how I might go about achieving that given that the retailer is not offering to do so.

Here are the facts:

* Placed a deposit on a credit card of £790.00 on 29th March 2015 for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.
* Paid remainder of balance, £3,110.00 on the same credit card on 24th July 2015.
* The sofa arrived nearly 6 weeks late on 30th July 2015.
* The sofa arrived in the wrong colour (brown instead of black). We rang to complain but in the end did not take this any further primarily because we did not want to be without a 3 piece suite potentially for many more months to come.
* On 20 September 2015, 7 weeks after delivery, we discovered that one of the legs was loose on the 2-seater, and couldn't be used. The leg hadn't come unscrewed, the frame itself where the leg fits into was actually broken.
* On 22 September 2015 someone from the retrailer came out to look at this and discovered a small crack in the frame where the leg fits. The retailer say they spoke to their supplier who appointed a technician (24 September) to contact us.
* The technician called out on 28 September 2015 to inspect the damage.
* The same technician called out on 7th October 2015 to carry out a repair.
* During this period the sofa was out of use for two and a half weeks.
* On 20th April 2016 we noticed that the same leg looked odd and was once again pushed out. It looks like the same problem as before.
* On 21st April 2016 my partner called to make a further complaint. She was told we had to email.
* On 21st April 2016 I emailed.
* On 25th April I followed up with the same email after having no response.
* On 26th April I finally received a response along the lines of

Your email has been sent on to the manufacturer for their observations.

We will contact when we hear how they wish to proceed.

* On 26th April I emailed to say I was not interested in what the manufacturer had to say and it was the responsibility of the retailer to put things right. I requested a full refund of £3,900 on the basis that the goods were not fit for purpose and this constituted a breach of contract under the Sale of Goods Act.
* On 26th April I received a further reply:

You now claim that the sofa had failed again in the same place which seems highly irregular, though not impossible, and are now demanding a full refund quoting "The Sales of Goods Act"

However, as we understand it, you had the sofa, as previously stated, some weeks before reporting a problem, and now some months (9) before reporting further issues. We therefore believe that you are no longer legally in a position to reject the sofa in question, let along the other items that are not "faulty".

As it is more economical for us to repair the sofa, particularly as it is still covered by the manufacturers guarantee, than replace it (cost £1580), we have the right to choose this option and can carry out an effective repair, if we so desire. That is why we said we were contacting the manufacturer.

We would therefore be grateful if you could confirm that this is how you wish to proceed.

At this stage I do not wish to accept a second repair as I believe the frame is broken and cannot simply be patched up. The first attempt to repair has failed and I do not wish to find myself dealing with this situation again in another years time when my rights are likely to have diminished further.

My main arguments for wanting a full refund over a repair or replacement are:
The repair failed once so is likely to fail again. In any case the repaired item is clearly not 'as good as a sofa that didn't have a broken frame'
Accepting a replacement would leave us without the sofa for at least 3 months which I do not find acceptable.
The sofa originally arrived in the wrong colour and a replacement might not be the same colour as the rest of the suite. This would not be acceptable. I wouldn't want to wait 3 months to receive a sofa that is a different colour to the others.
The suite was a single purchase and what we paid for was faulty and not fit for purpose.

I'm really reluctant to accept another repair or replacement but the retailer is not giving me any option. What can I do?

BrentMeister

hpuse wrote: »

Sounds like DFS....
Just wondering, in your email on 21st April, have you asked them what is their policy on items developing faults within 1 year of repair (i.e warranty on repair).

No one here has said this yet- so I have to say this:
As a customer, you deserve a good sofa in usuable condition. If it was repaired - it should be in a good state after repair for a 'minimum' period. It doesn't matter it is the fault is with manufacturer or retailer. This is a common blame-game played by dodgy retailers. The retailer has to fix your problem. Period.

Welcome back hpuse, long time no see.

Think your being overly harsh with the "dodgy retailers".

Also sometimes its quicker to use the manufacturer. For instance, you purchase and Xbox, 7 months later it develops a fault. You can return it to the retailer who will then send it to Microsoft who will then send it back to the retailer for you to collect - Or you simply send it direct to Microsoft.

Not sure what this "minimum" is you're talking about