ncf tell me "sold as seen"

JaneOJR

Hi,
I have been looking at sofas.
I visited a friend in Kings Heath (Birmingham) and the ncf showroom there is closing down. We went in and I saw an ex-display suite I liked for £799. I asked the man in the showroom if it had a warranty/guarantee and he said sold as seen, so I asked if I'd still get my normal statutory rights if it broke within a week and he said no....there was no comeback on it - sold as seen.....(I could only see 2 tiny scratches on the wooden leg of one sofa)
This is the first sofa I have found in my budget that I like.... so I wanted to investigate.

So the next day I rang the Perry Barr showroom to ask about their product warranty/guarantee and they said it was down to individual showrooms - their products came with 12 months but individual stores were different so "no comment"
I did some research and phoned citizens advice. They said I would still get my consumer rights and after CAB found ncfs website online (ncffurnishings.co.uk) she suggested I phoned Head Office as if any problems developed with the sofa I would still be able to deal with them (they seem to be quite a big company).

I rang head office and explaind I'd seen an ex-display sofa in Kings Heath I'd like to buy and asked if it would be covered by them...they said no, it was down to individual stores, if it was "sold as seen" by the showroom and it broke (or was broken but I hadn't noticed it) I would have no comeback. I said this was against my consumer rights 2015 to which she responded, "I don't know about that, I'm just telling you what I've been told".

I have really gone off this company, but would like to know are they acting illegally? It is a shame as I really like the sofa suite but as Martin often says "buyers beware". Can they say this or have it on the receipt? If it did break (it shouldn't as it will have little wear with no kids/pets in my house) do I have any rights? I am worried about making a purchase with this company if they are so adamant the ex-display products are sold as seen and they have no responsibility after sale for them.........

Please can anyone give me some advice please and if I do buy the suite what should I do (if anything) at time of purchase (like note the defects on the receipt etc....). Thanks

powerful_Rogue

You can't sign away your statutory rights.

However, you would be crazy to buy this sofa. I would envisage you having to instigate court action should anything go wrong with it.

beeg0d

As has been said you cant sign away your statutory rights, so "sold as seen" dosnt exist (though any faults pointed out to you before purchace can be excluded).

However its possiable that this is a franchise opperation, You could buying from *NCF (Kings Heath) LTD who are closing down. Meaning you still have your statutory rights but no one to enforce them against *NCF (UK) LTD being a different company to the one your buying from. In this case if you do want to buy the sofa make sure you use your CREDIT CARD so you will have section 75 protection.


*not real company names just my guess of the suituation.

societys_child

You are of course entitled to your rights, but if your worried, you could go pay full price from someone who isn't closing down and have piece of mind . .

pmduk

This is a money-saving site, but sometimes it is worth paying a little extra for peace of mind

stuartJo1989

Just to add but a bed breaking is NOT NECESSARILY something that you can get fixed under consumer rights.

It depends on what the reason is for it breaking

If, for example, you use it as a trampoline or have some wild encounters and break the bed then that will be your problem. NCF will have zero liability.

You'd only have consumer rights in circumstances where the item is:

- Faulty
- Not as described
- Not fit for purpose

And that is above and beyond the "sold as seen" aspects which were pointed out to you before the sale was made.

I'm going to say that you should not immediately rule out this purchase. If the bed is a decent price in relation to normal models then the gains may outweigh the risks! I reckon 90% of the time you'd have no problems whatsoever with it. I'd ask for them to provide a report of agreed damage, so that it doesn't turn into a "your word against theirs" if you do take them to small claims court for a future fault etc.

JaneOJR

Thank you for your advice.
It is a great sofa and a good price for what you get (I have seen it for sale on other sites for quite a bit more).
I don't anticipate having any problems as I take care of my things, but the attitude of the store and Head Office has put me off the company.....I did wonder if it is a franchise.
I don't have a credit card at the moment but since I need to make a two big purchases (carpet and sofa) I think I'll get one to make them with it

Have just looked on glassdoor (employee reviews) and they are not good - "The general attitude in regards to customer service is stuff them we’ve got their money..... there is no urgency or desire to solve customers issues."

arcon5

Good price because they are closing down... how do you plan on enforcing your rights when they no longer exist?

If you want full protection then pay full price elsewhere.

Often these chains are split in to multiple companies so you may not have any comeback with head office.

KeithP

arcon5 wrote: »

If you want full protection then pay full price elsewhere.

Or as posted earlier... use a credit card.