DFS Sofa - would't fit up the stairs

Fosterdog

JEN22 wrote: »

As a legal expert the responsibility is yours. They legally owe you nothing but the sofa you ordered.

Actually legally they misrepresented the sale by saying it would come apart and would fit, yes OP has to take some responsibility for not measuring, and only telling them it was going to the first floor rather than around corners on the stairway but if they assured that it would fit then that forms part of the contract.

However as it was all agreed verbally in person, if the salesperson denies saying that then it would be one person’s word against another’s. If the salesperson admits what they said or OP has some proof of it then they can legally cancel at no cost to themselves.

DaftyDuck

JEN22 wrote: »

As a legal expert the responsibility is yours. They legally owe you nothing but the sofa you ordered.

I would make no claim to be a "legal expert...." , but I know enough to say this is utter, utter tosh.


Not only will it depend on the verbal conversation, but also on the terms and conditions that were agreed, as well as the little thing called the law.

An "expert" would not be so dogmatic as to say they legally owe you nothing. ... Or, if they were sure of their facts, they would offer a considered opinion as to why.

OP: writing as a legal novice, if you are able to confirm any part of that conversation, you should be able to get it refunded. Alternatively, if it does come apart - and most do - delivery should be possible.

Mind you, I'm no expert on sofas either...

cono1717

camelot1971 wrote: »

How is a sofa retailer supposed to know whether a sofa fits into a customers house? They don't offer a home visit service

Actually they do, common practice - so long as you are willing to wait they will send the delivery team around to check the model you are buying (or wanting to buy) and your access - if they say it will fit they will then release the order. If not you go back and select something else.

CardinalWolsey

The OP will likely never be able to "prove" that the salesman stated that the sofa would come apart for delivery purposes. However, there are other methods of getting the sofa in to your property. I had a friend who removed a window, and used ropes to hoist a sofa up and through, and then put the window back in place. Where there's a will there's a way.