damaged sofa - refused responsibility

Justaboutmanaging_2

I had a very expensive sofa made of entirely natural materials as i have severe allergies. This was a big, once in a lifetime purchase for me.

The sofa is 7 weeks old and we have noticed a hole in the side of one arm. A friend pointed it out to me. I had not noticed it as it can't be seen from most of the room. My husband then commented he had seen it almost immediately, but didn't mention it.

I would like the item repaired and saw that i am covered by the consumer rights act of 2015 as it is less than 6 months old. The company that made it said they can't accept responsibility as it is two months old, but have offered a repair if i arrange delivery or to supply me with the fabric for me to pay a local upholsterer to repair.

I'm really happy to have a repair as the sofas, which are stuffed with sheep's wool, stank to high heaven for weeks after they arrived and have only just started to smell less. I couldn't even use the sitting room for about 4 weeks due to the smell as i couldn't breathe properly when i went in the room. I had already complained about this but got nowhere with the company. But that is not the point of this issue now.

The problem is they will only repair if i deliver the sofa. I already paid £130 to have the sofa delivered from Nottingham to Wales in September (it may be the delivery men who damaged it as they did shove it hard through the door as it was very tight). That was a special deal as the delivery company added it onto another delivery an hour away from me. The usual delivery price from the Upholstery company is approximately £260 each way and they want me to bear this cost. Is this reasonable? I cant afford to pay them anymore money at all, or to pay for a local upholsterer to fix the issue.

I have written to them quoting the 2015 act, however i don't know what my rights are in relation to pick up and delivery costs as the company are not local to me. Surely i shouldn't have to pay this and they should bear the cost? They are a small family run business and i have no desire to fall out with them or cause them hardship but...

glentoran99

I don't think you have any case against the retailer and they are being very generous with there offer, If I'm reading this correctly you arranged delivery and you believe the delivery men damaged it, that's not the retailers fault,


You have had the Sofa for two months, its reasonable for the retailer to have expected notification sooner than this

Oakdene

You should be telling your husband off as he noticed it earlier on & said nothing.

marliepanda

The act you are quoting deals with faulty items. This item isn’t faulty, it’s been damaged. The act CAN cover damage due to delivery or manufacture, but you have to prove to them the damage was done when you first got it, and you haven’t done it whilst you had it. You are not covered by it. It doesn’t cover items being damaged in the first 6 months and to an outsider, that’s what it looks like has happened.

If you had reported it when you first saw it (or your husband) you’d have been fine. But you have now had a sofa for 2 months and they have no idea what you’ve done to it since then.

Also, as stated, if YOU contracted the delivery company and not the sofa seller, then it’s not on them for delivery damage anyway...

Justaboutmanaging_2

Hi, i did not arrange delivery, the company arranged it with a company they used. The Act states that the item must be of good quality (it isnt if it already has a hole in it), and that it is up to the manufacturer to prove within the first 6 months that the damage wasnt already there.

The place where the hole is is facing away from the room and up next to another chair, a very hard area for us to have damaged. We do'nt have a cat or young children. Surely we should expect a sofa of this quality and expense to not develop a hole/fault within just weeks of us having it?

I cant get it repaired as we are on a low income and don't believe we caused the damage. Yes husband should have said something earlier!

Really, no one thinks we have a case?

Justaboutmanaging_2

No, they arranged delivery with a trusted firm. I was there when they delivered and saw them take the covers off. i didnt say they had damaged it, but that that was one possibility. The damage/fault is facing away from the room and i could not have seen it when they were first put in as they are very heavy sofas.

Justaboutmanaging_2

Oakdene wrote: »

You should be telling your husband off as he noticed it earlier on & said nothing.

Yes - agreed!

glentoran99

Justaboutmanaging wrote: »

Hi, i did not arrange delivery, the company arranged it with a company they used. The Act states that the item must be of good quality (it isnt if it already has a hole in it), and that it is up to the manufacturer to prove within the first 6 months that the damage wasnt already there.

The place where the hole is is facing away from the room and up next to another chair, a very hard area for us to have damaged. We do'nt have a cat or young children. Surely we should expect a sofa of this quality and expense to not develop a hole/fault within just weeks of us having it?

I cant get it repaired as we are on a low income and don't believe we caused the damage. Yes husband should have said something earlier!

Really, no one thinks we have a case?

Quite easy for them to argue that, the damage wasn't there when you received it, If it was you would have reported it right?

Manxman_in_exile

Justaboutmanaging wrote: »

I had a very expensive sofa made of entirely natural materials as i have severe allergies. This was a big, once in a lifetime purchase for me.

The sofa is 7 weeks old and we have noticed a hole in the side of one arm. A friend pointed it out to me. I had not noticed it as it can't be seen from most of the room. My husband then commented he had seen it almost immediately, but didn't mention it.

I would like the item repaired and saw that i am covered by the consumer rights act of 2015 as it is less than 6 months old. The company that made it said they can't accept responsibility as it is two months old, but have offered a repair if i arrange delivery or to supply me with the fabric for me to pay a local upholsterer to repair.

I'm really happy to have a repair as the sofas, which are stuffed with sheep's wool, stank to high heaven for weeks after they arrived and have only just started to smell less. I couldn't even use the sitting room for about 4 weeks due to the smell as i couldn't breathe properly when i went in the room. I had already complained about this but got nowhere with the company. But that is not the point of this issue now.

The problem is they will only repair if i deliver the sofa. I already paid £130 to have the sofa delivered from Nottingham to Wales in September (it may be the delivery men who damaged it as they did shove it hard through the door as it was very tight). That was a special deal as the delivery company added it onto another delivery an hour away from me. The usual delivery price from the Upholstery company is approximately £260 each way and they want me to bear this cost. Is this reasonable? I cant afford to pay them anymore money at all, or to pay for a local upholsterer to fix the issue.

I have written to them quoting the 2015 act, however i don't know what my rights are in relation to pick up and delivery costs as the company are not local to me. Surely i shouldn't have to pay this and they should bear the cost? They are a small family run business and i have no desire to fall out with them or cause them hardship but...

So you are allergic to "non natural" materials (which is why you commissioned a special natural materials sofa) but you have a similar problem with sheep's wool? You "...couldn't breathe properly..."? But then, as you say, that's not the point...so why mention it?


Your husband noticed the damage on delivery but didn't mention it. I wonder why...

usefulmale

Justaboutmanaging wrote: »

Hi, i did not arrange delivery, the company arranged it with a company they used. The Act states that the item must be of good quality (it isnt if it already has a hole in it), and that it is up to the manufacturer to prove within the first 6 months that the damage wasnt already there.

The place where the hole is is facing away from the room and up next to another chair, a very hard area for us to have damaged. We do'nt have a cat or young children. Surely we should expect a sofa of this quality and expense to not develop a hole/fault within just weeks of us having it?

I cant get it repaired as we are on a low income and don't believe we caused the damage. Yes husband should have said something earlier!

Really, no one thinks we have a case?

You keep misunderstanding the difference between 'fault' and 'damage'

Justaboutmanaging_2

Manxman_in_exile wrote: »

So you are allergic to "non natural" materials (which is why you commissioned a special natural materials sofa) but you have a similar problem with sheep's wool? You "...couldn't breathe properly..."? But then, as you say, that's not the point...so why mention it?


Your husband noticed the damage on delivery but didn't mention it. I wonder why...

That's a pretty nasty post right there. Maybe i didn't need to mention it, maybe you didn't need to be so personal. You know nothing of my life or my disease.

Quizzical_Squirrel wrote: »

I know it seems like the scary option but I think you should get couple of local upholsterers out for a quote.
They might put your mind at rest and help you make your decision.

Also, if you're planning to have this sofa for decades, it's possible damage will happen again and it will be useful to have someone local.
Similarly, you may want to re-cover the sofa in the years ahead when it begins to look tired.
In either case, a reupholsterer may be in your future so it would be good to explore options anyway.

Thank you so much for such a considered and helpful post. i will definitely take your advice on board. I am quite shocked by how rude people have been. wont be posting on MSE forums again after this.

usefulmale wrote: »

You keep misunderstanding the difference between 'fault' and 'damage'

Could you point pout what you see as the difference. I think with something like a sofa its hard to tell. I mean a hole could be damage or it could possibly be faulty because of poor use of materials or workmanship, or could have been there in the workshop, could have happened on delivery. I don't actually know the answer, just putting forward my thoughts. Thank you for yours.