DFS returns

****jue****

Hi, Interested to hear opinion on this.  We ordered 3 sofas from DFS online.  The swatch was great, when the sofas arrived the fabric was mottled, this was not apparent from the small square swatch sent.  We asked for return and told we would have to pay £700 (20% of the cost) to return them.  I said i disagreed with this but needed them removed so we could use the room.  They collected and then took four weeks to refund us. Thry deducted 20%.  I know arguing over the swatch means court, so to save hassle agree they can cover some return charges but not £700.  Their t&cs which they pointed out to me whem i wanted them returned says Up to 20% of the cos make be deducted if anything is returned.  What are they legally allowed to deduct? 

the_lunatic_is_in_my_head

****jue**** said:

  What are they legally allowed to deduct? 

Assuming you cancelled the contract they can deduct the direct cost of return.

I highly doubt their delivery fees are 20% of the order value so it's doubtful the return  fees are either. 

Their "up to 20%" is questionable and may fail to meet the requirement to advise of the cost of return (for items which can't be returned by normal post), if it did fail to meet this requirement they'd have to pay the full cost of return.

I'd start by suggesting you feel their return cost is excessive and as such you require them to demonstrate it did cost £700 otherwise you'll be seeking to recover part of the £700 via small claims.

The other option is goods failing to match sample but to reject outright for a refund (within the first 30 days) the trader can request you demonstrate the goods did not match. Given the deduction I assume they have taken this as change of mind but it depends upon what you said specifically as to what the actual reason of return was. 

TELLIT01

Despite the swatch not showing the mottling, did it actually match a section of the actual fabric which it not mottled?

Grumpy_chap

Did the OP buy in-store or online / remote?

mattyprice4004

Grumpy_chap said:

Did the OP buy in-store or online / remote?

Info is in the first post - it says online  

****jue****

TELLIT01 said:

Despite the swatch not showing the mottling, did it actually match a section of the actual fabric which it not mottled?

Thanks for your question.  Its not obvious when looking at the small swatch, it just looks like the pile of the fabric, its velvet you see.  On a large sofa it looks like its been scuffed up and wont wipe plush again.  I know this is a bit grey area, so have not relied on this, i just believe they should accept our return and at best, if they dont agree, just charge a sensible return. 

****jue****

the_lunatic_is_in_my_head said:

****jue**** said:

  What are they legally allowed to deduct? 

Assuming you cancelled the contract they can deduct the direct cost of return.

I highly doubt their delivery fees are 20% of the order value so it's doubtful the return  fees are either. 

Their "up to 20%" is questionable and may fail to meet the requirement to advise of the cost of return (for items which can't be returned by normal post), if it did fail to meet this requirement they'd have to pay the full cost of return.

I'd start by suggesting you feel their return cost is excessive and as such you require them to demonstrate it did cost £700 otherwise you'll be seeking to recover part of the £700 via small claims.

The other option is goods failing to match sample but to reject outright for a refund (within the first 30 days) the trader can request you demonstrate the goods did not match. Given the deduction I assume they have taken this as change of mind but it depends upon what you said specifically as to what the actual reason of return was. 

Thanks for your time to answer so comprehensively.  I really appreciate the time.  

When returning i did tell them the reason i. E. Sofa doesnt look like swatcn, but I know its only because its not apparent there is an effect on the fabric, so a bit of a grey area and probably not a strong stance.  Morally i thought they would get it.  A manager came out and agreed but they then emails and said it matched so they just change their story to suit.

I want to press on the delivery charges being excessive.  I have told them multiple times this is the case, they keep refering me back to their terms and conditions and the staff dont either want to understand or try to understand the law.  So i am going around in circles. 

Here are their T&C's

a) You have certain rights if what you have bought is faulty or damaged at the time of delivery. If a Product is found to be faulty or damaged at the time of delivery (or collection if applicable) you will have the following options:

i) A right to reject the Product. In this case it should be returned to DFS and a full refund of all monies paid including delivery charges will be made to you as soon as possible, usually within 14 days of rejection being accepted and using the same method as the original payment.

ii) A right to keep the Product. If the Product can still be used despite the damage, or you wish to keep the Product, usually you will be contacted to arrange for a repair by one of our technicians, or given the option of a replacement. If repair or replacement is not possible, the Product must be returned to DFS in which case you will receive a full refund including any delivery charges.

b) If fault or damage is discovered up to 30 days after delivery. If any fault or damage is discovered within 30 days of delivery, please contact us as soon as you notice the defect. We will discuss your options including repair or replacement. In the event that a repair to the Product cannot be made, we will replace the Product or give you a full refund including any delivery charges. Again, the Product must be returned to DFS before a refund can be given.

c) If fault or damage is discovered more than 30 days after delivery. In the event that any Product develops a fault after 30 days, please contact us as soon possible. After 30 days and up to 6 months from delivery you must give us an opportunity to inspect and repair the Product first (or offer you a replacement). If we are unable to resolve the issue this way then you may be entitled to a refund. If you report a fault after 6 months from the date of delivery then you will have to provide evidence that the Product is faulty rather than damage being due to reasonable wear and tear. If the fault has been caused by you, then we may still be able to help you but will have to charge you for the cost of repairs depending on the extent of the damage and whether you have purchased a Sofacare Protection Plan.

d) Protection Plans. Please note that if you have not purchased a Sofacare Protection Plan, DFS cannot be held responsible once delivery has taken place for any accidental damage, spillage or staining.

e) Refunds. When calculating refunds, a deduction may be applied to cover usage depending on the length of time the Product has been in your possession.

f) Right to cancel - Cooling Off Period. Where you purchased Products* exclusively via our Website or Websales and have not seen them in a store prior to purchase, then you are entitled to change your mind and cancel your Contract up to 14 days after delivery.

You will be entitled to a full refund of the price paid for the Products plus standard delivery costs; however, we are entitled to reduce the amount of any refund to reflect any reduction in

the value caused by you or if you have failed to take reasonable care when handling the Products, and express delivery charges above the standard rate will not be refunded.

* Your rights to cancel during the Cooling Off Period excludes:

i) Bespoke items custom made to your specification.

ii) Mattresses which have been unsealed, due to their intimate nature. All mattresses are delivered sealed in clear plastic wrapping that will allow for inspection. Any mattresses that have been unsealed will be deemed as having been used. Therefore they cannot be returned for any reason other than because they are not as described or are not of satisfactory quality.

iii) Self-assembly items that have been damaged during assembly.

iv) Purchases made in-store or where you have inspected the Product prior to purchase.

If the Cooling Off Period applies and you wish to cancel please contact us in writing as soon as possible. If you are exercising your right under this clause you must arrange for the return of the Products to us showing no evidence of use within 14 days of you telling us you wish to cancel the Contract. Whilst the Products are in your possession you must not handle them beyond what is necessary to establish their nature, characteristics and function. It is your responsibility to return any Products to our central delivery point in a good condition and we ask that you return the Products in appropriate packaging such as to prevent damage in transit. DFS recognises that many customers do not have the means to return Products themselves, and so we can arrange collection during normal business hours (Monday to Friday). A charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items. This charge is calculated according to the number of items to be returned, the availability of a delivery vehicle, your location and complexity of removal. We may also charge you for any usage of the Product prior to collection by us so you should try not to use the Product whilst it is in your possession.

g) Cancellation of your Contract where DFS are not at fault and there is no statutory right to change your mind. If you request to cancel your Order before it is completed, you will have to contribute towards our costs which we have already incurred by preparing your Order. We will refund any money paid for Products not provided deducting a reasonable contribution towards the costs already incurred by us.

h) Returning Products to store. If you are returning a Product that you collected from store, you may be able to drop off the Product at the store you collected it from. You can discuss your options in more detail with us at the point you decide to return the Product.