DFS - Mis-selling?

MicheleS01

Hello everybody - I wonder if you can help please?

In February 2020 just before lockdown I ordered 3 x 2 seater leather sofas from DFS.  Because of Lockdown they weren't delivered until the end of July (which I totally understood).  However, the sofas were from a range that can't be seen in store and can only be purchased online therefore you have to rely on the sales literature to make an informed choice.  The sofas were described as a "soft comfy sit".  When they arrived they were hard as a rock to sit on.  Uncomfortably so.  However, being leather I decided to see if they would wear in a bit and give.  Unfortunately they haven't and I've now developed a bad back (I'm in the high risk category so haven't left the house much since March so I've been planted on the sofas most days)!

Two days ago I decided to contact DFS to tell them how unhappy I was.  Online they told me that I had to speak to a store manager.  Long story short the manager called, said he would get somebody out to assess them but basically he didn't think there was anything he could do.

I therefore emailed the CEO's office.  I received a lovely email saying that somebody would call me to discuss.  Last night a representative from DFS called me.  First he said that the word "soft" related to the leather - and then retracted it when I quoted the actual passage in the sales blurb that referred to the construction of the sofas!  Then he told me he had 2 solutions (1) to get somebody to replace the innards of the sofas with like for like but even he said that wouldn't be a solution and (2) I could pay £900 and then choose different sofas up to the price of the original sofas!  When I explained that I couldn't afford to pay a further £900 and asked if there were any other solutions he told me that I shouldn't have bought a sofa without trying it out and that he wouldn't do that!!!!!  When I pointed out that the sofas were not available in store (anywhere in the UK) and I had no choice but to rely on the sales wording he just said I shouldn't have bought them then!  I asked him to put the offers in writing (by email) and he refused saying that I should just trust him.  When I explained that I didn't know him and therefore how could I trust him, he said he was a man of his word!  The whole conversation was like talking to a dodgy used car salesman (apologies to all car salesmen).

So my question is - what rights do I have?  I put down a large deposit and am paying the rest on finance.  These sofas were not cheap and the total amount was £3,600.  The sofas are clearly not as described.  The word "soft" is a descriptor and should be an indicator of feel which I appreciate is subjective but nevertheless if there's no option to try before you buy, the descriptor should be accurate.  Can I insist on a refund?  Thank you in advance for any help.

MicheleS01

Anybody? x

JJ_Egan

< When they arrived they were hard as a rock to sit on.> should have rejected then .

Suggest you ask your local cab office for ideas as one persons soft is another's  medium .Possibly speak to the finance company as well .

How are you going to prove not as described ??? Via a paid for independent report is the usual way .

JetpackVelociraptor

Has anybody been out to assess them yet? Normally you'd need to wait for their guy to say no before you proceed further.

They're unlikely to declare it faulty, given that the fault is the difference between "hard" and "soft", so you will probably need to get your own independent inspection. It will cost about £90 plus vat from one of the large repair/warranty companies - make sure you use a different company to the one they are using! You may get better results from using a local independent upholsterer instead, just make sure you choose someone who does manufacturing and has a good reputation. In order to get a thorough picture of what is going on the tech may want to open up the bottom of the sofa and see what kind of foam has been used in the filling. There are different hardnesses of foam available, these are usually colour coded and it should be possible for the person inspecting to assess what kind of foam was used. Make sure you have a screenshot or wayback machine saved page showing their description as "soft". Then you can take your evidence (hopefully) back to them and inform them that the sofa isn't the same spec as what you ordered.

The offer to replace the filling might be helpful if they replace it with something that's softer, but if the sofa is normally made with hard foam it might be that the design doesn't work with soft foam. Make sure it will still be covered by the warranty if you end up doing that, and be sure to report any issues right away if they arise.

If DFS won't help with the problem, you can take it to the finance provider. After that, it's alternate dispute resolution, and/or small claims court.

MicheleS01

JetpackVelociraptor said:

Has anybody been out to assess them yet? Normally you'd need to wait for their guy to say no before you proceed further.

They're unlikely to declare it faulty, given that the fault is the difference between "hard" and "soft", so you will probably need to get your own independent inspection. It will cost about £90 plus vat from one of the large repair/warranty companies - make sure you use a different company to the one they are using! You may get better results from using a local independent upholsterer instead, just make sure you choose someone who does manufacturing and has a good reputation. In order to get a thorough picture of what is going on the tech may want to open up the bottom of the sofa and see what kind of foam has been used in the filling. There are different hardnesses of foam available, these are usually colour coded and it should be possible for the person inspecting to assess what kind of foam was used. Make sure you have a screenshot or wayback machine saved page showing their description as "soft". Then you can take your evidence (hopefully) back to them and inform them that the sofa isn't the same spec as what you ordered.

The offer to replace the filling might be helpful if they replace it with something that's softer, but if the sofa is normally made with hard foam it might be that the design doesn't work with soft foam. Make sure it will still be covered by the warranty if you end up doing that, and be sure to report any issues right away if they arise.

If DFS won't help with the problem, you can take it to the finance provider. After that, it's alternate dispute resolution, and/or small claims court.

Thank you - that's incredibly helpful. 

Yes I've taken a screenshot and I've also emailed it to them twice so they know I have it.

I didn't think about getting an independent assessor.  I will try to find one. Thanks again.

DougalandMeg

On Saturday I ordered a 3 piece suit from Scs, I had to pay a deposit but other than a paper receipt from the card machine I didn’t receive any paperwork saying what I’d ordered and when delivery is expected to be. I’m disabled and after spending a good two hours with the salesman I ordered feeling extremely tired. I paid with my credit card but now I’m feeling nervous and unsure. My husband thought the salesman said that we would get an email with paperwork, as yet non has arrived. Can I cancel my order by going into the store tomorrow? I’m really stressed, thank you. 

davidmcn

DougalandMeg said:

On Saturday I ordered a 3 piece suit from Scs, I had to pay a deposit but other than a paper receipt from the card machine I didn’t receive any paperwork saying what I’d ordered and when delivery is expected to be. I’m disabled and after spending a good two hours with the salesman I ordered feeling extremely tired. I paid with my credit card but now I’m feeling nervous and unsure. My husband thought the salesman said that we would get an email with paperwork, as yet non has arrived. Can I cancel my order by going into the store tomorrow? I’m really stressed, thank you. 

It would be less confusing if you start your own thread rather than tagging onto somebody else's problem. 

couriervanman

Not being funny but who orders a sofa without trying trying it first 

pinkshoes

couriervanman said:

Not being funny but who orders a sofa without trying trying it first 

Me! 
Bought a leather sofa from M&S.

It's now 12 years old and still fab!!

davidmcn

couriervanman said:

Not being funny but who orders a sofa without trying trying it first 

Would that have made a difference? It took the OP three months of trying it to decide it wasn't right for them.

MicheleS01

davidmcn said:

couriervanman said:

Not being funny but who orders a sofa without trying trying it first 

Would that have made a difference? It took the OP three months of trying it to decide it wasn't right for them.

Just to be clear - I contacted DFS within the first 2 weeks and they told me that I needed to allow them to "settle in" and I could understand that.