Chesterfield sofa and chair damaged on delivery - what are my rights/

WDW2010

Hi

We placed an order for a chesterfield sofa and chair back in August - we were informed when placing the order that it would be 10-14 weeks before it went into production and delivered. We had no other communication until I contacted them in week 14 to ask if there were any updates. I received a reply stating that they should go into production by the end of the week to be completed the end of the following week. I then received another email the day after to say they could deliver the following Monday but they just had to check with the couriers - this was obviously was earlier that indicated in the previous email. We paid the balance the same day but I then didn't hear anything for several days so I emailed again to check if delivery was going ahead on Monday as I needed to arrange to work from home if it was. They replied and said yes and then would confirm time the next day. When I received the email they said that delivery was one man and they I would need to help lift and carry them in! I replied saying this was impossible as I had a herniated disc issue and my husband couldn't work from home also that it was ridiculous to expect the customer to pay £110 delivery to carry their own furniture! Eventually they said they had sorted it that two delivery guys would come and carry the sofa and chair.

On the Monday, two delivery men arrived (one was only a young lad) and the older one came up to my house and asked if I had a "man" to come and help carry the furniture. I explained that the company had arranged for them to do it and it was just me and I couldn't lift due to my back. He became quite aggressive in tone and said that no one had told him this and he couldn't lift which is why he had brought the lad. He said "its a one man job don't you know that I'm not lifting". He then asked me to come and do it but I refused. By this point, I was feeling quite distressed by the situation. Eventually he said to the lad lets get them out, in the process of getting them out the van they dropped them both onto the concrete road. It was evident that they were not experienced or skilled in delivering furniture. They eventually got them into the living room but they didn't unpack them, take the packaging away or put them in their place. In fact one of them asked me to put the feet back on. They also didn't get me to sign for them. 

After they had left, I saw that that the leather was ripped and scuffed on the side/underneath and several feet on both the sofa and chair were dented, scratched and the colour chipped off. They had also scratched and dented our paintwork on the walls and door. I was really upset by the whole experience particularly the attitude of the delivery driver. The young lad looked extremely uncomfortable and unsure of what to do during most of it. I contacted the company straight away by email (as per their terms and conditions) and included photos of the damage and paintwork. I explained everything that had happened and requested repair or replacement plus compensation due to the damage and poor delivery. In their terms and conditions they state that the delivery drivers will carry it into your chosen room and unpack and take away packaging - none of which took place and also no mention of the customer having to carry them! It also says they will get you to sign which they didn't.

The company replied saying sorry we will speak to the drivers and get back to you, that was it. I then got another reply the next day saying there was a misunderstanding with the drivers and they apologise for the inconvenience! They said damage was minimal and they were sorting with the production team about what to do. I heard nothing more so contacted them today asking when someone would be coming to assess the damage and repair it. I also stated that under my consumer rights delivery should be done with due skill and care which hadnt taken place and I wanted compensation. I also said that the feet would need replacing due to the dents and chipped off wood. The reply I received addressed none of these points but simply said they were trying to organise someone to come out and how many feet were damaged as they would need to polish them! I do not want them polishing but replacing as they are chipped and dented let alone all the scuffs on the furniture.

I guess my question is are we entitled to any financial compensation re the awful delivery and scratched paintwork or am I being unreasonable. I really wish we had gone with someone else now. I can't believe they expect you to pay £110 to carry your own furniture!

Apologies for the long post
Many thanks
Hazel

JJ_Egan

Entitled no but you could ask for £30 - £50 off the delivery charge .

cx6

did you order online? of so you could reject the whole thing

WDW2010

cx6 said:

did you order online? of so you could reject the whole thing

We did yes, it was all ordered online.
Thanks for your reply

Sandtree

cx6 said:

did you order online? of so you could reject the whole thing

Online is irrelevant for damaged goods, you've the right to reject within 30 days irrespective

WDW2010

Sandtree said:

cx6 said:

did you order online? of so you could reject the whole thing

Online is irrelevant for damaged goods, you've the right to reject within 30 days irrespective

Thank you for your reply it is much appreciated. Is this the case if they were damaged during delivery? I understood that the company had to be allowed the opportunity to repair first. If I am honest, I would rather have a refund as I am just upset by their attitude.

the_lunatic_is_in_my_head

You can reject outright for a full refund within 30 days for the damage.

Alternatively you can leave it to them to repair or replace. 

If they aren't able to repair or replace in a reasonable time and without significant inconvenience, or if after one repair the goods still don't conform to the contract, you can either exercise your final right to reject (for a full refund if within 6 months) or you can keep the goods accepting the fault in return for a price reduction. 

You can't force them to replace (either the sofa or the feet) unfortunately so will have to decide between accepting their offer of repair and seeing how this fairs or rejecting now.  

You may have claim for a refund of part of the delivery fee if this service wasn't carried out in accordance with the contract, perhaps best to get the sofa sorted and complain about this afterwards (although if you go for a full refund obviously the delivery fee would also need to be refunded in full, anything above a full refund would be goodwill at their discretion). 

WDW2010

the_lunatic_is_in_my_head said:

You can reject outright for a full refund within 30 days for the damage.

Alternatively you can leave it to them to repair or replace. 

If they aren't able to repair or replace in a reasonable time and without significant inconvenience, or if after one repair the goods still don't conform to the contract, you can either exercise your final right to reject (for a full refund if within 6 months) or you can keep the goods accepting the fault in return for a price reduction. 

You can't force them to replace (either the sofa or the feet) unfortunately so will have to decide between accepting their offer of repair and seeing how this fairs or rejecting now.  

You may have claim for a refund of part of the delivery fee if this service wasn't carried out in accordance with the contract, perhaps best to get the sofa sorted and complain about this afterwards (although if you go for a full refund obviously the delivery fee would also need to be refunded in full, anything above a full refund would be goodwill at their discretion). 

This is very helpful I wasn't aware of this. So we can request this and not have to accept repair? Although they have said it is minimal damage, to us we feel like we don't have brand new sofas now but damaged/repaired ones that we paid out £1650 for plus the awful customer service from the delivery men. As we had to specify colours, fabric choice from their selection so to some extent customised does this affect our right to a refund? The dimensions were the standard ones on the website we just chose the colours etc.

Thank you

Aylesbury_Duck

No, what you've described is not bespoke.  Bespoke would be where they'd built something to a unique set of your requirements, whereas you selected from pre-defined options, so they're no bespoke.

I'd just reject the lot for a full refund.

the_lunatic_is_in_my_head

If the goods don't conform it doesn't matter if they were custom or not and the regs state:

www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(c) freedom from minor defects;

So although the damage may be minor it doesn't give the trader an excuse not to offer a remedy. 

tacpot12

You have had some good advice about what to do, but in future in you or anyone else is faced with a delivery driver that is reluctant to deliver the goods as you beleive they should do, tell the driver that you are not prepared to accept the goods.