What are my rights (DFS sofa)?

LisaPage

We ordered a 2 seater electric recliner sofa on 30 Dec 2017 from our local branch of DFS. It was paid for on a Barclaycard credit card (the order was placed in my husband's name and he is the primary card holder).

The sofa was delivered last Monday (26 March 2018), late afternoon.

The delivery men left and we sat on it only to find out our feet were a good few inches off the floor. The sofa we sat on in store, and felt we had ordered, we could sit on comfortably- feet on the floor, no pressure under our thighs, back supported. My husband and I sat on a LOT of sofas over that xmas holiday period trying to find one we both found comfortable - the sofa DFS delivered would have been an immediate "no" from both of us.

We also noticed a subtle wobble during movements such as turning to the side to pick up a cup of tea, or using a laptop (not so noticeable for the person moving, but distracting and annoying for the other person).

We contacted DFS the next day and they arranged for a service manager to visit the following day (weds). He said there was no fault with the sofa, and said from his point of view it had been made correctly to the manufacturer's specifications. He then went on to say that to stop the wobble we could go to Wickes and buy a couple of bolts to bolt the frame together (as it's a recliner it came in 2 parts). Regarding the different seat height to the one in the shop he said the shop example would have been sat on a lot, and if we waited 3-6 months the seat height would probably drop and be the same as the one in the shop if we just wait. He also said this was covered by a note on the order form saying cushions will soften with use. To me that phrase does not the same meaning as "the sofa we deliver will be at least 2 inches higher and your feet won't reach the floor". Had that been made clear at the time, we would not have ordered the sofa.

After he left we popped out and bought some bolts and fitted them as suggested. This did not fix the wobble.

I rang the store directly the next day (Thursday) and spoke to the manager. I said we were not happy with the sofa because of the difference in seat height and the wobble. I said we felt the description of the sofa we bought was effectively the one we sat on in the shop and the one delivered is not as described so we were rejecting it and would like a full refund.

He stated he could not do this as there was nothing wrong with it from their point of view and repeated the bit about "cushions softening with age".

I appreciate its not faulty as such in that it's the right colour, the recliner part works etc. But neither do I feel it's what we ordered. I am unable to sit in it as I could in the one in the store (to the point this one is giving me back ache) and I feel we were misled. Ideally I would like a full refund and be rid of the sofa ASAP (we have nowhere to store it and no spare room in our lounge to put any other chairs while this is sorted).

Does this come under the Consumer Rights Act 2015 being "not as described"? What are our rights?

sheramber

Was the one in the store a recliner one?

LisaPage

Yes, the one we sat on in store was also a two seater electric recliner, as we ordered. The only difference (or so we thought) was the colour of the fabric.

BorisThomson

Have you been back to the store and measured the depth and height of the one you tried? It makes sense that there will be some drop as the cushions settle.

In the meantime, put some firm cushions behind you so you are sat further forward and your feet will touch the floor.

TadleyBaggie

Presumably you were wearing shoes when you were in shop, and I guess not in your own home?

LisaPage

We've been back to the store but the sofa range we sat on in December is no longer in the store.

BorisThomson

LisaPage wrote: »

We've been back to the store but the sofa range we sat on in December is no longer in the store.

Then you're going to struggle to prove your position.

What is the model name, is it still on the website and are there any dimensions listed?

LisaPage

TadleyBaggie wrote: »

Presumably you were wearing shoes when you were in shop, and I guess not in your own home?

Yes, but we both wear flat shoes, and slippers at home

LisaPage

BorisThomson wrote: »

Then you're going to struggle to prove your position.

What is the model name, is it still on the website and are there any dimensions listed?

There is a now only a three seater manual model listed on their website. Not the full range, no electric recliners and not the exact model we have. Did just try measuring our sofa seat height. Difficult to know where they measure up too as the cushions are curved at the front. And it says their measurements are approximate anyway. But when you buy a sofa surely its reasonable to guage its suitability by the one you sit on in the shop, not what's written on their website?

BorisThomson

LisaPage wrote: »

There is a now only a three seater manual model listed on their website. Not the full range, no electric recliners and not the exact model we have. Did just try measuring our sofa seat height. Difficult to know where they measure up too as the cushions are curved at the front. And it says their measurements are approximate anyway. But when you buy a sofa surely its reasonable to guage its suitability by the one you sit on in the shop, not what's written on their website?

That would be reasonable, but you have no proof that yours differs from the one you sat on in the shop, and the retailer are saying yours is the same.

Other than a goodwill gesture, I can't see where you can go with this.

shaun_from_Africa

LisaPage wrote: »

But when you buy a sofa surely its reasonable to guage its suitability by the one you sit on in the shop, not what's written on their website?

Not only is it reasonable, it's a legal requirement.
http://www.legislation.gov.uk/ukpga/2015/15/section/14/enacted

14
Goods to match a model seen or examined
(1) This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract.

(2) Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer!!!8217;s attention before the consumer enters into the contract.

Before you can get anywhere with this, you really need to see if you can get it in writing that the height of the cushions on the chair that you purchased are higher than the one you saw in store and that the cushions should drop in time.