New Sofa - With Piece missing!!

The_Edge

Hi Guys,
So last week we had a brand new & very expensive sofa delivered by a Courier company. I wasn't at the house, but my fiancee was. When they put the sofa together it wasn't as big as it should have been and one piece was missing!

The delivery drivers just said it will be in the warehouse, they will call you to arrange delivery.

So, she signed the delivery note but made sure that it was in big letters on the document that there was a piece missing, for delivery - and the delivery driver countersigned it.

Here we are a week later. Lots of calls, I won't bore you with some of their nonsense. But basically they have done one search of the warehouse, and say they will do another this weekend....but they haven't found it.

So, I have to assume they won't. What are my options here & what should I do next? All I have found is that it's the Sofa Company NOT the delivery company who is liable - obviously I will email them next.

I bought the Sofa from the Ideal Home show and paid all on a credit card. It has taken them a few months to build it, but the last big payment was made a couple of weeks ago prior to the 'delivery'.

What are my rights here? Can I set them an ultimatum, ask for a refund, what? I paid a delivery fee, if this piece showed up can I ask for return of this as delivery was incorrect and late? I have read that I need to act within 30 days but I am slightly confused with this one - and we are talking significant sums.

Thanks for your help. :money:

unholyangel

What remedy would you prefer? For them to send out the missing piece or a refund?

Just write to them stating you're willing to allow them to send replacement piece but only if they can do so within 28 days (or however long you think is reasonable but personally for a sofa, i'd say up to 4 weeks) but if they are unable to provide it within this time, you will be rejecting for a full refund.

Or alternatively just write stating the goods do not conform to contract therefore you are exercising your short term right to reject for a full refund.

As for the 30 days, its normally a blanket 30 days however if you agree to the repair or replacement of the goods, the 30 days stops running for the "waiting period" (the period you spend waiting for them to supply the repair/replacement). Once youve agreed to their repair/replacement, you cannot then exercise the right to reject without giving them a reasonable time to complete the repair/replacement however, the waiting period doesn't end until they supply the repaired/replacement item and from that moment (then supplying the repaired/replaced goods), you either have the remainder of the 30 days or 7 days - whichever is longer.

IAmWales

I don't think OP has even spoken to the retailer yet. That should be the first step (and should have been done a week ago).

Are you sure it is the Sofa Company OP? They're one of these companies that has sales very frequently, and their prices are not particularly high.

The_Edge

The Company is Designer Sofas, the delivery Company is Home & Retail. I will be emailing the sofa company today.

m0bov

Prolly better to phone and see what they say.

macman

Nothing to do with the delivery company-your contract is with the retailer. Just ring them and request a replacement part within 7 days, in the absence of which you are rejecting it and require a full refund and collection. Follow it up in writing.

Gavin83

So I second unholyangel's question as it isn't very clear, what outcome do you want from this?