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Sofa order gone wrong...what are my rights?

Hello,

My wife and I have recently bought a new house, and as a result have ordered a new sofa (previous one wouldn't fit in our lounge correctly).

We ordered on 28/9/17 from a small, independent sofa retailer, literally a one-shop setup. We paid in full via bank transfer on the day.

We finally received a call on 28/11/17 to say our sofa had arrived. YAY, finally!

We went in to the shop today, and spoke with staff to arrange collection etc. However, it turns out that the sofa has been ordered in the wrong colour. We ordered in a cream/light grey colour, its been ordered in a very dark grey. It would look awful in our lounge!
The shop worker showed us their copy of the invoice, which states the colour that the sofa has been made in, but this is certainly not what we discussed in the shop. Furthermore, we were never given a copy of this receipt (the one stating the colour) so assumed that the sofa had been ordered in the colour we had discussed in the shop.
The guy who runs the shop (not the company owner) seems to have made a mistake at the point of order.

Finally, as we were completing the order, the shop owner entered. They said that ultimately if we didn't like it, or it didn't fit, then we could change it, but this is a verbal agreement, nothing in writing.

Do we have any rights here? Change of mind? Cooling off period?

Comments

  • GDB2222
    GDB2222 Posts: 26,853 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hello,

    My wife and I have recently bought a new house, and as a result have ordered a new sofa (previous one wouldn't fit in our lounge correctly).

    We ordered on 28/9/17 from a small, independent sofa retailer, literally a one-shop setup. We paid in full via bank transfer on the day.

    We finally received a call on 28/11/17 to say our sofa had arrived. YAY, finally!

    We went in to the shop today, and spoke with staff to arrange collection etc. However, it turns out that the sofa has been ordered in the wrong colour. We ordered in a cream/light grey colour, its been ordered in a very dark grey. It would look awful in our lounge!
    The shop worker showed us their copy of the invoice, which states the colour that the sofa has been made in, but this is certainly not what we discussed in the shop. Furthermore, we were never given a copy of this receipt (the one stating the colour) so assumed that the sofa had been ordered in the colour we had discussed in the shop.
    The guy who runs the shop (not the company owner) seems to have made a mistake at the point of order.

    Finally, as we were completing the order, the shop owner entered. They said that ultimately if we didn't like it, or it didn't fit, then we could change it, but this is a verbal agreement, nothing in writing.

    Do we have any rights here? Change of mind? Cooling off period?

    You have lots of rights - but principally to the sofa you ordered. You have no right to simply change your mind. If you genuinely ordered a different colour, then it could come down to a judge having to decide whether he believes you.

    Are you quite sure that the sofa is not what you ordered? Unfortunately, a large item's colour will look different to a small colour swatch.

    Never pay the whole price by bank transfer. At least pay a deposit by credit card.
    No reliance should be placed on the above! Absolutely none, do you hear?
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