DFS size issues

leigh1502

Hello all, we brought two sofas from DFS, one being a sofa bed and the other  a 3 seater. Took delivery and all seemed ok, we then realised the sofas seems a lot lower than what we had sat on the the shop. 

When measured we realised they were around 6cm lower than on the dimension sheet. We have spoken to a service manager and a store manager who have basically said tough, we have an allowance of up to 15cm, something I was completely unaware of and was told by the shop manager they DONT tell people about these tolerances unless you ask about sizes.

What are my rights? Sofa is not what we ordered, too low and uncomfortable, but we are being told there is nothing that DFS can do! Having paid over £2000 for these sofas I am rather annoyed they are not willing to do anything. Apparently they can not guarantee any sofa sizes, which when they say all sofas are handmade I find a little strange!

Any advice would be great. Thank you.

the_lunatic_is_in_my_head

What height do you think would be correct OP? I assume we are talking cushion height? 

Our sofa (not from DFS) is about 40cm at cushion height, a 15% (6cm) tolerance seems excessive to me. Their full 15cm off that would be ridiculous. 

Goods should match any samples, does the paperwork from DFS mention these tolerances anywhere and if so what does it say? 

Aylesbury_Duck

I suspect the staff were unclear, confused units or OP misunderstood, and tolerance is 15 per cent rather than 15 centimetres.  Whilst still perhaps excessive, it makes more sense than 15cm which as the previous poster said, would be enormous on any item of furniture.

OP - ultimately, if they're not budging, put the sofas out of use (e.g. cover them for now and don't sit on them), send DfS a letter before action setting out what resolution you want (replacement, refund?) and take them to small claims court if needs be.  If you paid by credit card or on finance, you could try them first, to see what they advise, because if the size difference is deemed to be excessive, the sofas are not as described.

leigh1502

the_lunatic_is_in_my_head said:

What height do you think would be correct OP? I assume we are talking cushion height? 

Our sofa (not from DFS) is about 40cm at cushion height, a 15% (6cm) tolerance seems excessive to me. Their full 15cm off that would be ridiculous. 

Goods should match any samples, does the paperwork from DFS mention these tolerances anywhere and if so what does it say? 

So the website said from floor to top of seat cushion is 45cm ours are 39cm. Service manager and store manager said they allow up to 15cm but don’t tell people about this when they purchase a sofa. Something they are now going to change apparently! 

No sizes on paperwork and no mention of any acceptable tolerances. Definitely different than what we sat on in store and ordered.

Aylesbury_Duck

That would make it a little over 13% lower than stated.  Adds weight to the idea that the tolerance is 15% and not 15cm.   Not that 13% is necessarily an acceptable tolerance, but I'd have a search to see if there's a reasonably accepted industry tolerance and whether your sofas are within or beyond that.  If they're within what is accepted to be reasonable, you're unlikely to succeed with a finance, credt card or small claims court claim.

Grumpy_chap

Could the variance in cushion height depend on the choice of feet?

user1977

Aylesbury_Duck said:

That would make it a little over 13% lower than stated.  Adds weight to the idea that the tolerance is 15% and not 15cm.   Not that 13% is necessarily an acceptable tolerance, but I'd have a search to see if there's a reasonably accepted industry tolerance and whether your sofas are within or beyond that.

We've had a previous thread where DFS apparently claimed that sofa size could be out by 10% - which is pretty ridiculous:

https://forums.moneysavingexpert.com/discussion/6173807/dfs-sofa-wrong-size

leigh1502

Yep it’s crazy, we paid for the extra memory foam padding in the seat so would of thought they would be higher if anything not lower!

when I spoke to the manager she told me they didn’t tell people about the tolerances as then they might not of buy from them! Did explain to her that if I had been told and we still purchased the sofas we would not be having this discussion as that would of been my decision and I would of had to accept the tolerances and measurements on my sofa. Surely by not telling people they are in breach of something, can’t even find it on there website, measurements just say approx but with no indication of acceptable tolerances.

We have emailed head office back and if no luck we now have the email address for the CEO so will go straight to him! 🤞🏼

maisie_cat

We changed the nasty plastic feet on our old DFS sofas for nicer taller wooden ones. The otherwise nice sofas were too low but it was by far the easier option.

Olinda99

Clearly the store are wrong a 6cm difference is unacceptable. The store manager is trying it on hoping you will go awsy.

Decide what you want - you may find it easier to buy new taller feet and claim that from them but that may spoil the look.

Otherwise ask them to refund or replace. How did you pay ? If any by credit card then claim S75 - notify the card company now as S75 takes a while and I suspect DFS will use delaying tactics. Grounds: item not as described or shown

Otherwise LBA and small claims court - annoying but simple to do

the_lunatic_is_in_my_head

leigh1502 said:

when I spoke to the manager she told me they didn’t tell people about the tolerances as then they might not of buy from them! Did explain to her that if I had been told and we still purchased the sofas we would not be having this discussion as that would of been my decision and I would of had to accept the tolerances and measurements on my sofa. Surely by not telling people they are in breach of something

Yes they are, The Consumer Protection from Unfair Trading Regulations make such actions a prohibited practice. 

An omission that would alter the economic activity of the average consumer and lead them to make a transactional decision they otherwise would not have is specifically classed as prohibited practice and their response is basically admitting that's the purpose of not providing the information.

I highly doubt what you was told will given as an official response.

From a very simplistic view point, a breach such as the above would entitle you redress; losses, damages or a discount based on the severity of the breach. 

In terms of the Consumer Rights Act goods must match the sample 

https://www.legislation.gov.uk/ukpga/2015/15/section/13

(1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2)Every contract to which this section applies is to be treated as including a term that—

(a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer's attention before the contract is made, and

(b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

I would return to the store and snap a quick photo of a tape measure against the sofa on display and then depending upon what you want you can:

Exercise the short term right to reject if you raised the issue within 30 days of delivery. This would mean a full refund and return of the goods at the trader's expense (from the place you took possession of them). 

Alternatively you are entitled to a repair or replacement.

If they claim they can't, it's too expensive or simply fail to do so then you have:

The final right to reject for a full refund (if exercised within 6 months of delivery) 

A price reduction to reflect the difference between what was paid for and what was received. 

If they waffle about tolerances you might want to drop the above about omissions into the conversation and point out knowingly engaging in such activity is an offence which should stop them from using that excuse, if they have any sense, and point out that the goods fail to match the sample and the difference is unacceptable.

The ideas above about changing the feet (paid for and undertaken by DFS) might be a good avenue to go down if that's suitable, if it is and they agree I'd have a bit of a moan about that being suitable but not ideal with the hope for a bit cash refunded as well.