Advice/ tips gratefully received

strawberryblonde

Hi
I bought 2 sofas from Next online in May 2018.
In October 2020 they were both replaced as they were faulty.
Now both of the replacement sofas have developed the same faults.
I ordered them via my Next account originally and then paid this off on my credit card. 
I have today contacted the complaints department and am awaiting a reply.
From what I can see on the website, the items are guaranteed for 12 months. 

What I would like to know is are my rights the same if I am complaining about replacement items?
I am going to push for a refund even though I realise this might be tricky. I don't want a repair or replacement because I have no faith in the quality of their goods after this experience. 
Would be really grateful for any advice anyone has.

Many thanks

the_lunatic_is_in_my_head

If there has been a repair attempt and the goods still do not conform then you may exercise your final right to reject but the refund may be reduced after 6 months to account for ownership. 

There is no mention of having to prove the goods do not conform under the "Right to price reduction or final right to reject" section of the legislation. 

www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(10)No deduction may be made if the final right to reject is exercised in the first 6 months 

bris

Its been over 3 years, there is no right to reject now. The replacements do not have there own guarantee, they are replaced as if the first were not defective so in affect they are the same item.

You need to wait their reply but essentially if it's negative then you need to get your own independent expert report to confirm an manufacturing defect. At this point if they agree a refund less 3 years use will be the likely outcome.

Grumpy_chap

OP - do you have the original paperwork?  It might be worth double-checking the warranty.  The 12 months you found online might be generic for other types (or all types) of stuff sold by Next.  Sofas may have a longer warranty, specific to sofas.
  
I only say that because only yesterday I ordered a sofa from DFS and they gave a standard warranty of 15 years on the structural frame and 5 years on soft fillings plus fabrics.  I didn't think about warranty when choosing the sofa, but it does seem odd that two High Street retailers at similar market points have such widely different warranties on essentially the same item.

That you have a longer warranty than 12 months is also indicated by the fact that the sofas from May 2018 were replaced in October 2020 - well outside the 12-months.  Unless Next say that was a "goodwill gesture" or extended the warranty because they were unable to respond during COVID.  If the sofas were replaced outside the original warranty period, then it does not seem likely that Next will be forthcoming with more.

That would leave you reliant on your consumer rights and it is not clear what level of redress that would now offer.  Especially after three years in on a product I'd reasonably say only has an expected life of 5 years.  So, max redress 2/5ths of the value.

It is very odd that you had two sofas develop the same fault after 2 years and then 2 more repeat in less than another year.  So, that's four sofas in total with the same fault.  What is the nature of the fault?  Is it something so bad that it makes the sofas entirely unusable?

I recall a similar thing with my parents - they purchased a sofa with "embossed" fabric for the arms.  Where they sat on the sofa, the ends of the arms went "flat".  Although my parents hated it, this was really wear and tear.

the_lunatic_is_in_my_head

bris said:

Its been over 3 years, there is no right to reject now. The replacements do not have there own guarantee, they are replaced as if the first were not defective so in affect they are the same item.

You need to wait their reply but essentially if it's negative then you need to get your own independent expert report to confirm an manufacturing defect. At this point if they agree a refund less 3 years use will be the likely outcome.

Can you post the part of the legislation that limits the consumer's timeframe for enforcing their statutory rights?

bris

the_lunatic_is_in_my_head said:

bris said:

Its been over 3 years, there is no right to reject now. The replacements do not have there own guarantee, they are replaced as if the first were not defective so in affect they are the same item.

You need to wait their reply but essentially if it's negative then you need to get your own independent expert report to confirm an manufacturing defect. At this point if they agree a refund less 3 years use will be the likely outcome.

Can you post the part of the legislation that limits the consumer's timeframe for enforcing their statutory rights?

You've heard of the over 6 months rule yes? 

Sandtree

bris said:

the_lunatic_is_in_my_head said:

bris said:

Its been over 3 years, there is no right to reject now. The replacements do not have there own guarantee, they are replaced as if the first were not defective so in affect they are the same item.

You need to wait their reply but essentially if it's negative then you need to get your own independent expert report to confirm an manufacturing defect. At this point if they agree a refund less 3 years use will be the likely outcome.

Can you post the part of the legislation that limits the consumer's timeframe for enforcing their statutory rights?

You've heard of the over 6 months rule yes? 

No, the over 6 months bit quoted above is about if the retailer has to give a full refund or can deduct usage from the refund... there is no stated time limit explicitly against the right to reject if a repair or replacement has already occurred. 

strawberryblonde

Thanks all for the replies. I have checked online and can only see that Next offer a 12 month guarantee on their products and can't see anything different for sofas. They are sending out someone to look at them so we will see what they say. At this point I am so fed up with them that I would settle for a partial refund. I certainly don't want a replacement!