Dfs sofa return.

Martyler

Hi. I was wondering if someone could give me advice on a sofa we bought from dfs. 

We purchased a chaise sofa on 0%finance. 

The day after it was delivered we noticed the cushion on the chaise part was too big for the sofa. 

Also, on the back of the sofa it has faux leather type material, on some of the cushions, it has the same material, when you sit on them, they rub and make a awful squeaking sound. To note, this sofa is no longer available now, they have the exact same sofa but not it has a fabric back.

I told dfs about the problems the next day. They didn't get someone to see it until two weeks later, this gentleman was from homeserve, not dfs. He confirmed the cushion was too large and they would deliver another, he said the rubbing and squeaking would wear off within a year or two. 

We went to speak to dfs and they said we could change it for one in their showroom that's been un-paid for. 

We said we didn't want the sofa because of the cushion and the squeaking but they said they will order a new cushion and unless it's a fault with the framework or springs, then we can't return it for a new one. 

Could someone please inform me of my rights? 

Appreciate the help.

Alderbank

Welcome to the forum, Martyler!
A few basic questions...
When did you buy it?
How did you pay (credit card, debit card, etc.)?
Did you purchase it online or from a shop?

Martyler

Alderbank said:

Welcome to the forum, Martyler!
A few basic questions...
When did you buy it?
How did you pay (credit card, debit card, etc.)?
Did you purchase it online or from a shop?

Hi.

We purchased the sofa in roughly March/April. It wad delivered at the end of July early August. 

I think we put a deposit on credit card, but the remainder was 0% finance with dfs (one of the banks they use).

We purchased from the shop and have been into the shop to discuss the problems with the manager. 

Thanks.

Martyler

Martyler said:

Alderbank said:

Welcome to the forum, Martyler!
A few basic questions...
When did you buy it?
How did you pay (credit card, debit card, etc.)?
Did you purchase it online or from a shop?

Hi.

We purchased the sofa in roughly March/April. It wad delivered at the end of July early August. 

I think we put a deposit on credit card, but the remainder was 0% finance with dfs (one of the banks they use).

We purchased from the shop and have been into the shop to discuss the problems with the manager. 

Thanks.

Hence why I have asked if someone can help with my rights as he said I can't return the item. 

Thanks

Alderbank

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.
It sounds like they have already agreed the cushion was the wrong size and have delivered another?
They have said the squeak is not a fault and will fade. If you disagree you will need to obtain a report from an independent expert to confirm that it is a fault. If you then proceed to small claims court, DFS will have to reimburse you for what you have paid for the report as well as repairing, replacing or refunding the chaise.

Not really a legal right but if you do not get satisfaction from DFS, before going to court you could raise a complaint with the Furniture & Home Improvement Ombudsman https://www.fhio.org/

MarvinDay

Alderbank said:

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.

The OP is not required to give DFS the option to repair or replace the sofa.

DFS have admitted that the cushion is faulty and as this was noticed and reported within the first 30 days from purchase, the OP has the legal right to reject the sofa for a full refund.

Martyler

MarvinDay said:

Alderbank said:

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.

The OP is not required to give DFS the option to repair or replace the sofa.

DFS have admitted that the cushion is faulty and as this was noticed and reported within the first 30 days from purchase, the OP has the legal right to reject the sofa for a full refund.

Is this definitely the case? I went to see the manager and he said, as long as they replace the wrongly sized cushion, then there isn't any grounds for me to return the sofa as they have fixed the problem. They are now asking homeserve to do another visit to inspect the rubbing and squeaking on materials. 

I also pointed out to the manager, that the new sofa which they have brought out to replace mine, is exactly the same but now has a material back, not the faux leather that mine has. I reckon they've have the same complaints and have changed the design.

They are adamant that I have no legal right because its not actually the sofa, it's the cushion which they can replace. 

Martyler

Alderbank said:

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.
It sounds like they have already agreed the cushion was the wrong size and have delivered another?
They have said the squeak is not a fault and will fade. If you disagree you will need to obtain a report from an independent expert to confirm that it is a fault. If you then proceed to small claims court, DFS will have to reimburse you for what you have paid for the report as well as repairing, replacing or refunding the chaise.

Not really a legal right but if you do not get satisfaction from DFS, before going to court you could raise a complaint with the Furniture & Home Improvement Ombudsman

They haven't delivered a new cushion as yet. There is one being made apparently. 

MarvinDay

Martyler said:

MarvinDay said:

Alderbank said:

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.

The OP is not required to give DFS the option to repair or replace the sofa.

DFS have admitted that the cushion is faulty and as this was noticed and reported within the first 30 days from purchase, the OP has the legal right to reject the sofa for a full refund.

Is this definitely the case? I went to see the manager and he said, as long as they replace the wrongly sized cushion, then there isn't any grounds for me to return the sofa as they have fixed the problem. 

Yes, it is definitely the case.
Faulty goods can be rejected for a full refund within 30 days from purchase and there is no requirement to allow the retailer the option to repair or replace.
It is only after the first 30 days that the retailer must be given the chance to repair or replace.
this is covered by S22 of the Consumer rights act:
https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

https://assets.ctfassets.net/mfz4nbgura3g/1lxpjAVswUi05hGWeaMzG6/2c06e5f99e566493f62f2c190c2fd6ae/ConsumerRightsSummary-GoodsF2F.pdf


I

Martyler

MarvinDay said:

Martyler said:

MarvinDay said:

Alderbank said:

Your consumer rights are that if DFS accept that there is a fault, they must fix it or replace the item.
They can't keep trying. If they can't fix or replace it they must offer you a refund.

The OP is not required to give DFS the option to repair or replace the sofa.

DFS have admitted that the cushion is faulty and as this was noticed and reported within the first 30 days from purchase, the OP has the legal right to reject the sofa for a full refund.

Is this definitely the case? I went to see the manager and he said, as long as they replace the wrongly sized cushion, then there isn't any grounds for me to return the sofa as they have fixed the problem. 

Yes, it is definitely the case.
Faulty goods can be rejected for a full refund within 30 days from purchase and there is no requirement to allow the retailer the option to repair or replace.
It is only after the first 30 days that the retailer must be given the chance to repair or replace.
this is covered by S22 of the Consumer rights act:
https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

https://assets.ctfassets.net/mfz4nbgura3g/1lxpjAVswUi05hGWeaMzG6/2c06e5f99e566493f62f2c190c2fd6ae/ConsumerRightsSummary-GoodsF2F.pdf


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Hi. Just wanted to say thank you. Dfs head office agreed to us returning the sofa and ordering something else. 

Thank you. 

MarvinDay

Martyler said:

Hi. Just wanted to say thank you. Dfs head office agreed to us returning the sofa and ordering something else. 

Thank you. 

If you don't want to buy anything else from DFS then legally you can insist on being given a full refund rather than credit for other goods from them.