DFS usage charge

wee_scoot

Hi, i bought 2 leather 2 seater sofas in September 2016. After about 7 months the leather started to peel.
This was started at different dates on different parts of the sofas. In all the sofas were repaired on different occasions, no less than three times. On the last occasion of the leather peeling it was decided that both sofas would be recovered with the hope that it would stop any further peeling. After receiving the sofas back recently, there is damage. After all the hassle i said i would like to return the sofas for a refund. I was told that i could return the sofas but i had to pay a “usage charge” or they would give me cash and touch the damaged parts up and i would keep the damaged sofas.
My question is, are they legally allowed to charge me a usage charge when it’s not even in their terms and conditions and what are my options legally ?

shaun_from_Africa

wee_scoot wrote: »

My question is, are they legally allowed to charge me a usage charge when it!!!8217;s not even in their terms and conditions and what are my options legally ?

Yes, if the fault was brought to the attention of the retailer more than 6 months from the date of purchase then it's perfectly legal and acceptable for them to make a deduction from the refund given.
http://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(8)If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).
(9) No deduction may be made to take account of use in any period when the consumer had the goods only because the trader failed to collect them at an agreed time.
(10) No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless;

(a) the goods consist of a motor vehicle, or

As the deduction is something that is permitted by law, the retailer doesn't need to state this in their T&C's.

wee_scoot

even if a full repair ( recovering both sofas ) was carried out and after they were returned, they were damaged?

shaun_from_Africa

wee_scoot wrote: »

even if a full repair ( recovering both sofas ) was carried out and after they were returned, they were damaged?

Yes.
It's because they were repaired and returned damaged that you have the right of rejection quoted in my earlier post.

If the retailer was required to give a full refund then this would mean that the consumer would have had at least 6 months use of the goods at no cost to themselves and they would thus end up in a better position than if the contract had not existed because of the 6+ months free use of the goods.

wee_scoot

my situation is now at the stage where they are offering me £150 with a patch up (not a complete repair) or returning the sofas with me incurring a usage charge. i!!!8217;d be happy with a complete repair and to keep the sofas but they are telling me that!!!8217;s not an option. so i feel i am to be left with damaged goods or return them and incur a cost which is through no fault of mine. surely i can demand a full repair or a replacement if not returning ?

wee_scoot

also, with DFS returning the sofas with damage on them, which was reported on the day they were delivered back to me, can i demand that they must fully repair them ?

powerful_Rogue

You can of course demand this, however they can also refuse your demand.


What they are offering is perfectly legal as stated above.


How much did you pay and how much are they offering back?

wee_scoot

i paid about £1900 and they are offer to patch it along with £150. or the usage charge would be between 20-40%. i do want the sofas, fully repaired and not just patched up

powerful_Rogue

wee_scoot wrote: »

i paid about £1900 and they are offer to patch it along with £150. or the usage charge would be between 20-40%. i do want the sofas, fully repaired and not just patched up

I think you need to stop focusing now on what you want and instead on whats being offered. Maybe it was all the demanding that has made DFS go down this route.


Between 20-40% - they haven't given you an accurate figure? If not, ask for one.

wee_scoot

but surely buy paying £1900 for brand new, unblemished pair of sofas for and want that isn!!!8217;t too ludicrous ? The leather started peeling on the seat cushions, they repaired them, same happened on the arm at a later date, they repaired it, once again at a later date the other arm was the same, they repaired it. When it happened on the other arm they took them back to their warehouse/factory and fully recovered both of them, they returned them with two slash marks on them. i think when they are at fault, it should be what i want and not to be stuck with sofas, damaged by DFS, or have to pay to get a refund. i can!!!8217;t see anywhere through this year long process where i have been over demanding ir been at fault. i just want what i paid for

powerful_Rogue

wee_scoot wrote: »

but surely buy paying £1900 for brand new, unblemished pair of sofas for and want that isn!!!8217;t too ludicrous ? The leather started peeling on the seat cushions, they repaired them, same happened on the arm at a later date, they repaired it, once again at a later date the other arm was the same, they repaired it. When it happened on the other arm they took them back to their warehouse/factory and fully recovered both of them, they returned them with two slash marks on them. i think when they are at fault, it should be what i want and not to be stuck with sofas, damaged by DFS, or have to pay to get a refund. i can!!!8217;t see anywhere through this year long process where i have been over demanding ir been at fault. i just want what i paid for

Read the law which Shaun posted in post 3. What they are doing is totally above board. As long as they put you back in the same position you was before, then all is good.