Sofas not as expected - don't match

fredrach

We ordered a set of sofas from Harvey's: a 2 seater and a 1 seater. They are meant to match, but when they arrived they do not; the colours are noticeably different. The delivery driver spotted this at the same time we did, and he took photos and rang up to get us an "alert number."
Harvey's are disputing this, claiming that it is the way the fabric is brushed. Actually, you can't brush the fabric, it makes no difference to the appearance of the colour. They are sending out an "independent" specialist, whom they pay, to give a verdict on this. If this person says it's due to the way the fabric is brushed, Harvey's will do nothing for us.
One of the reasons there is a problem, is that they have discontinued the range of sofas we bought, so they can't replace. In actual fact, they do still make an identical sofa (with a different name), but it is 16cm wider and about £200-300 more expensive.
What are our rights, please?

marcarm

Was this a distance sale, or did you order in store?

When did they get delivered?

How did you pay?

neilmcl

If the delivery driver even noticed this then any reason why you didn't just refuse the delivery?

fredrach

Ordered in store a couple of months ago. Paid by debit card. Was delivered on 19th March.
Husband dealt with it, as I was on my way out to work. He said he didn't think it mattered, as the driver had spotted it too and raised an alert about it. To be honest, I would never have thought of refusing delivery, although it seems obvious now. 😕

deethebee

Usually the way it would be is that if you claim an item is not as described and can prove it then you can get your money back within 30 days. If you want a replacement then you should be able to get that too, but you would have to cover the excess cost unfortunately.

The questions here would be; did you view the sofas before you bought them? And if so, do they now look different? Or did you see them in a catalogue or online and order them using pictures only? You have more rights if you didn't get a chance to view the item first and can prove they are significantly different in colour.

It doesn't matter if you didn't refuse delivery, you will still have the same rights and you have an advantage having the sofas in your possession. They may have charged you for a failed delivery and if you hadn't kept them you'd have no way of proving they are different. As you ordered them in store, I think you'd struggle a lot more to get your money back if you'd refused delivery so in the end I think you did the right thing and now it's just figuring out the rest.

EDIT: If the only issue is that the sofas are different in colour from each other, then taking a photo showing the difference should be enough to back up your claim.

LilElvis

deethebee wrote: »

Usually the way it would be is that if you claim an item is not as described and can prove it then you can get your money back within 30 days. If you want a replacement then you should be able to get that too, but you would have to cover the excess cost unfortunately.

The questions here would be; did you view the sofas before you bought them? And if so, do they now look different? Or did you see them in a catalogue or online and order them using pictures only? You have more rights if you didn't get a chance to view the item first and can prove they are significantly different in colour.

It doesn't matter if you didn't refuse delivery, you will still have the same rights and you have an advantage having the sofas in your possession. They may have charged you for a failed delivery and if you hadn't kept them you'd have no way of proving they are different. As you ordered them in store, I think you'd struggle a lot more to get your money back if you'd refused delivery so in the end I think you did the right thing and now it's just figuring out the rest.

Not relevant to the OP as the two sofas they have had delivered do not match each other.

deethebee

LilElvis wrote: »

Not relevant to the OP as the two sofas they have had delivered do not match each other.

Ok, thanks for clarifying - I had thought the OP meant the sofas didn't match the ones they viewed or saw pictures of. Easy mistake to make. And how is this relevant to the original question anyway? Why are you on here picking apart what I've said instead of helping the OP? You clearly have nothing of value to add so why comment at all? Do something useful instead of following my posts and hi-jacking threads just to find something to criticise and feed your ego.

LilElvis

deethebee wrote: »

Ok, thanks for clarifying - I had thought the OP meant the sofas didn't match the ones they viewed or saw pictures of. Easy mistake to make. And how is this relevant to the original question anyway? Why are you on here picking apart what I've said instead of helping the OP? You clearly have nothing of value to add so why comment at all? Do something useful instead of following my posts and hi-jacking threads just to find something to criticise and feed your ego.

My comment was relevant because your advice was based on misreading the opening post - substantiated by the fact that you have now edited yours accordingly.

As for the final comments. Rubbish. I've been a member here for several years and am a regular poster on this board and therefore read and respond to threads. If that means correcting erroneous information then I don't see the problem as there is little point in the board if those asking questions receive incorrect advice which goes unchallenged. I expect I will still be reading and posting long after you leave if you continue to fling around rude and unsubstantiated accusations.

deethebee

LilElvis wrote: »

My comment was relevant because your advice was based on misreading the opening post - substantiated by the fact that you have now edited yours accordingly.

As for the final comments. Rubbish. I've been a member here for several years and am a regular poster on this board and therefore read and respond to threads. If that means correcting erroneous information then I don't see the problem as there is little point in the board if those asking questions receive incorrect advice which goes unchallenged. I expect I will still be reading and posting long after you leave if you continue to fling around rude and unsubstantiated accusations.

1. I edited my post in case this was what the OP meant. I didn't give any erroneous information, I gave advice based on what I understood from the query. It was not clear and if the OP had come back and clarified I would have updated my advice accordingly - I didn't need you pointing out that I may have got something wrong, but I decided to edit my post anyway as I felt it was worth adding in. I didn't misread anything - it said the sofas didn't match and I took that to mean they didn't match what he had purchased. It doesn't actually say they don't match EACH OTHER.

2. Not rubbish at all. If you're making even one post that is not helpful to the OP then you're clogging up a thread and adding no value to it. I haven't said anything rude or unsubstantiated. You have made pointless comments on my other posts as well that serve no purpose but to shame.

Continue to offer helpful advice, just leave out the useless ones that waste people's time as you have given erroneous information yourself.

LilElvis

deethebee wrote: »

1. I edited my post in case this was what the OP meant. I didn't give any erroneous information, I gave advice based on what I understood from the query. It was not clear and if the OP had come back and clarified I would have updated my advice accordingly - I didn't need you pointing out that I may have got something wrong, but I decided to edit my post anyway as I felt it was worth adding in. I didn't misread anything - it said the sofas didn't match and I took that to mean they didn't match what he had purchased. It doesn't actually say they don't match EACH OTHER.

2. Not rubbish at all. If you're making even one post that is not helpful to the OP then you're clogging up a thread and adding no value to it. I haven't said anything rude or unsubstantiated. You have made pointless comments on my other posts as well that serve no purpose but to shame.

Continue to offer helpful advice, just leave out the useless ones that waste people's time as you have given erroneous information yourself.

1. The fact the courier noticed the colour discrepancy makes it clear that the items don't match.

2. So take your own advice as your post adds nothing to the thread.

3. Please tell me where I have posted erroneous information since you joined? If you're referring to my interpretation of the short term right to reject then you might want to re-read the posts by unholyangel, Shaun from Africa, Fosterdog, Doam, George Michael who also disagreed with your view.

deethebee

LilElvis wrote: »

1. The fact the courier noticed the colour discrepancy makes it clear that the items don't match.

2. So take your own advice as your post adds nothing to the thread.

3. Please tell me where I have posted erroneous information since you joined? If you're referring to my interpretation of the short term right to reject then you might want to re-read the posts by unholyangel, Shaun from Africa, Fosterdog, Doam, George Michael who also disagreed with your view.

The courier noticed a discrepancy, but I had thought it was a discrepancy to the usual colour of that particular sofa. If he worked for them then he would probably be quite familiar with the colours of the sofas. My post did add something - to try and help the OP and offer advice. That was my only intention. TO HELP. If you're referring to these subsequent posts, no it doesn't add anything but to defend myself and I'm entitled to do so.

I've read all of the posts in relation to the short term right to reject and I also posted quite a bit of evidence to refute what people had said. You claimed the burden of proof was on the consumer in the first month, then from months 2-6 it was on the trader, which is highly erroneous and not in line with that others who disagreed with me said anyway. Disagreeing doesn't make either side right.