Right to refund from order date or delivery date?

CurtisLDW

I ordered a sofa at the end of November which was delivered on Thursday 29th December. Only part of it was able to be delivered because the other part wouldn't fit through the door. Once unwrapped I found the part that had been delivered to be faulty.

Without giving a long backstory I no longer want this sofa, and I believe that I am entitled to a full refund due to it being faulty. Is this the case? Obviously it is over 30 days since I paid for it, but I could not know it was faulty until delivery. Where do I stand?

unholyangel

CurtisLDW wrote: »

I ordered a sofa at the end of November which was delivered on Thursday 29th December. Only part of it was able to be delivered because the other part wouldn't fit through the door. Once unwrapped I found the part that had been delivered to be faulty.

Without giving a long backstory I no longer want this sofa, and I believe that I am entitled to a full refund due to it being faulty. Is this the case? Obviously it is over 30 days since I paid for it, but I could not know it was faulty until delivery. Where do I stand?

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

In other words, its 30 days from when the contract is complete, not 30 days from when it is entered into.

Browntoa

Don't DFS for example classify their orders as bespoke ? So certain parts of DSR do not apply

bris

30 days rejection rights would be from date of delivery.

bris

Browntoa wrote: »

Don't DFS for example classify their orders as bespoke ? So certain parts of DSR do not apply

It's faulty, distance sales rights have nothing to do with it.

Nessun_Dorma

Browntoa wrote: »

Don't DFS for example classify their orders as bespoke ? So certain parts of DSR do not apply

They can classify whatever they like, it doesn't automatically make it so. If the goods are the same as in a catalogue, it doesn't make any difference whether they manufacture to order.

The-Truth

Browntoa wrote: »

Don't DFS for example classify their orders as bespoke ? So certain parts of DSR do not apply

The DSR cease to exist over 2 years ago!

Nessun_Dorma

The-Truth wrote: »

The DSR cease to exist over 2 years ago!

Are the new regulations any different in that regard?

shaun_from_Africa

Nessun_Dorma wrote: »

Are the new regulations any different in that regard?

No, but when dealing with consumer rights problems with a business, it's always far better to ensure that the correct up to date legislation is quoted.
If someone was to use outdated legislation, it may well mean that the retailer thinks that the person concerned didn't really have much of a clue as to what they were actually talking/writing about, hence they might not take the complaint as seriously as one from someone who had done their homework properly.

Because of this, it's always best to advise others of the legislation that applies at the time.

Nessun_Dorma

If DFS really are citing that their products are bespoke and unique orders, then they are already treating the consumer with contempt.