Dfs wrong sofa colour mis sold

Gl82uk

Hi guys need some advice. Walked into the dfs show room and saw a dice leather sofa. In cream and black. Looked amazing. So I decided to buy it.

Salesman asked if it's the same colour I want it in I said exactly the same please. I also picked it on a swatch the same cream colour.

Then I was asked up sell questions and such as the care kit, insurance and thicker leather. I said yes to all.

Then the paper work came I signed and paid a deposit and left.

Now today 12 weeks later the men arrive and give them entry and the deliver my sofa. 1 issue it is in a horrible brown colour.

I looked at the paper work I signed and it says biscuit. Now I thought understandably that was the colour in picked and sat on in the showroom it wasn't. It's the closet colour on the thicker leather as they don't do the colour I want in the thicket leather and this wasn't explained to me.

What are my rights now as I have a sofa I hate the logo of. A manager is visiting me on Monday to talk to Me

JJ_Egan

How big is this logo. Can you not cover it .

unholyangel

13 Goods to match a sample

(1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2)Every contract to which this section applies is to be treated as including a term that—

(a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and

(b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

(3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

14 Goods to match a model seen or examined

(1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.

(2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract.

(3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

The above is taken from the Consumer Rights Act 2015.


You have the right to reject the goods outright and insist on a refund. You can also let them attempt to repair/replace but given you've said the colour you wanted isn't available, theres little point to that.

You could also try and negotiate a reduction in price - but as youve said you hate the look of it, no point to that either!

Gl82uk

I'm so annoyed sorry for my typo I meant look of not logo.

I said to the couriers it's not right the colour they said well that's not what we deal with we just need a signature to say we've been here. It had already been put together.

So I can refuse this order? The lady in dfs said it's down to the discression of the manager.

Bottom line is the colour isn't correct and I wouldn't in a million years of asked for it in the colour it came in. Even at half the price. I know I didn't ask for it in that colour.

I feel I've been mis sold by a sales man who wanted extra comission up selling me into thicker leather knowing the colour wasn't the right colour.

So to confirm under the consumer rights act when the manager comes to my home on Monday I can refuse this sofa and cancel this order as im not waiting another 12 weeks for the right one. It will have been 24 weeks in total if I do.

wealdroam

Gl82uk wrote: »

I'm so annoyed sorry for my typo I meant look of not logo.

I said to the couriers it's not right the colour they said well that's not what we deal with we just need a signature to say we've been here. It had already been put together.

So I can refuse this order? The lady in dfs said it's down to the discression of the manager.

Bottom line is the colour isn't correct and I wouldn't in a million years of asked for it in the colour it came in. Even at half the price. I know I didn't ask for it in that colour.

I feel I've been mis sold by a sales man who wanted extra comission up selling me into thicker leather knowing the colour wasn't the right colour.

So to confirm under the consumer rights act when the manager comes to my home on Monday I can refuse this sofa and cancel this order as im not waiting another 12 weeks for the right one. It will have been 24 weeks in total if I do.

As pointed ot by Unholyangel, The Consumer Rights Act 2015 gives you the right to reject the goods for a full refund if the goods do not conform to contract.
A problem might be that you appear to have a contract, a signed order, for something different to what you thought you ordered.

It's not too clear, to me at least, whether your copy of the order refers to 'dice leather' 'thicket leather', thicker leather' or 'biscuit leather'.
Believe me, I am not trying to pick holes in your story, but it does make difficult reading.

unholyangel

Gl82uk wrote: »

I'm so annoyed sorry for my typo I meant look of not logo.

I said to the couriers it's not right the colour they said well that's not what we deal with we just need a signature to say we've been here. It had already been put together.

So I can refuse this order? The lady in dfs said it's down to the discression of the manager.

Bottom line is the colour isn't correct and I wouldn't in a million years of asked for it in the colour it came in. Even at half the price. I know I didn't ask for it in that colour.

I feel I've been mis sold by a sales man who wanted extra comission up selling me into thicker leather knowing the colour wasn't the right colour.

So to confirm under the consumer rights act when the manager comes to my home on Monday I can refuse this sofa and cancel this order as im not waiting another 12 weeks for the right one. It will have been 24 weeks in total if I do.

Put that in writing to them - even by email (basically so you have a "paper" trail showing you rejected the sofa outright) - that had you been made aware, you wouldn't have went ahead with the purchase.

You have certain rights when you enter into a contract as a consumer - part of those rights is to receive goods/services as agreed. That is not at the managers discretion.

DFS are terrible though - theres been many threads on them here over the years and often they will dig their heels in and insist that what they are telling you is correct - if they try to do this with you, remind them that misleading a consumer about their statutory rights can amount to a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008 and that they can personally be held accountable rather than the company itself.


I'd wait and see what the manager says though. Just perhaps print out the relevant bits of the Consumer Rights Act (sections 9-14 and 19-24) to hand to him in case he tries to fob you off.

cono1717

There's two problems here. Firstly the sales person made a mistake if you said cream and wanted biscuit, I'd put a lot of money on the fact that the two colours are close to each other on the tablet they use to enter the order.

The problem you have (not that it makes a difference) is that DFS charges salespeople for mistakes either in the form of a loss of incentive or loss of incentive + the difference in the cost of a recover - so you can see why the salesperson would be reluctant to admit fault.

This leads me onto the other problem. Your order, on the paperwork (that you signed) will say "Biscuit" so DFS have your signature on a biscuit order and can just produce that a moments notice. The only hope you've got is if the salesperson fesses up or the manager has a nice heart.

It might be worth taking pictures of your room and saying to the manager "Why would I order biscuit when the room clearly needed cream" anything could help.