Sofa- Consumer Rights advice 30 November 2022 at 7:37PM in Consumer rights 6 replies 243 views

trfc20222

Hi all,

I was wondering if I could have some advice....

We purchased a corner sofa from Argos in Feb 2021, it has developed a fault whereby one of the internal springs is poking out of the fabric.

Before we purchased the sofa we were informed that we had a 10 year frame guarantee on the sofa via live chat - we have a copy of this. When we discovered the fault we contacted them who agreed we had the guarantee and to supply photos which we did. They confirmed that springs would be covered within this.

Today I have spoken to them and they have said that ' unfortunately we were wrongly informed that we had a 10 year guarantee and it was infact 1, as a result they cannot assist us" They have instead given us a company to call who they have said will charge us to repair the item

I suppose I have two questions:

- Can they take the line that we were wrongly informed when it was them who told us prior to purchase
- Would a sofa still be expected to last over 2 years under Consumer Rights Laws anyway?

We were just looking for the sofa to be repaired not to be replaced

Any advice greatly appreciated it

km1500

 They cannot simply come back and say oh sorry we meant one year not 10 years -  your contract was formed on the basis of the information given and therefore you have a ten year guarantee. 

 If they refuse to play ball then go to either your card company or the small claims court

SergeantBaker

km1500 said:

 They cannot simply come back and say oh sorry we meant one year not 10 years -  your contract was formed on the basis of the information given and therefore you have a ten year guarantee. 

 If they refuse to play ball then go to either your card company or the small claims court

To assist the OP can you give them a link to the legislation that supports that?

MalMonroe

Hi, you have rights under the Consumer Rights Act 2015. 

See the information in the following link from this very site, updated 14 Nov 22 -
 
https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

The Consumer Rights Act states that goods must be of satisfactory quality, as described, fit for purpose and last for a reasonable length of time.

Your sofa has not passed any of those requirements.

You need to tell Argos that you have rights under that Act and that you are entitled, by law, to a repair. 

It doesn't matter what their guarantee says or doesn't say - or who they ask or consult - the Consumer Rights Act takes precedence. 

You are not asking for the earth, you just want a repair and that is exactly what you are entitled to. 

MarvinDay

MalMonroe,

You really do need to read up on consumer rights before attempting to give any more "advice" as I've never seen a poster who posts incorrect information as often as you do

MalMonroe said:

You need to tell Argos that you have rights under that Act and that you are entitled, by law, to a repair. 

It doesn't matter what their guarantee says or doesn't say - or who they ask or consult - the Consumer Rights Act takes precedence. 

You are not asking for the earth, you just want a repair and that is exactly what you are entitled to. 

As it currently stands, the OP has no legal entitlement for a repair under any law as they have a broken sofa and the damage may have been caused by a manufacturing defect but then again, it might have been caused by misuse.

The OP would only be entitled to a resolution under the CRA if/when they show the proof of a manufacturing defect and that resolution doesn't have to be a repair. It could also be a replacement or partial refund.

I don't expect you to acknowledge your mistake as you often seem to post incorrect advice then simply vanish from the thread.

the_lunatic_is_in_my_head

SergeantBaker said:

km1500 said:

 They cannot simply come back and say oh sorry we meant one year not 10 years -  your contract was formed on the basis of the information given and therefore you have a ten year guarantee. 

 If they refuse to play ball then go to either your card company or the small claims court

To assist the OP can you give them a link to the legislation that supports that?

https://www.legislation.gov.uk/ukpga/2015/15/section/11/enacted 

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

IMHO the presence of a warranty and it's length are are characteristic of the goods that would have notable bearing on a consumer's decision to purchase and would be classed as main. 

JetpackVelociraptor

You were sold a sofa with a 10 year warranty, you are therefore entitled to that 10 year warranty regardless if Argos said it had that in error or not.

Having said that, you might find that your warranty claim is rejected. You could win the fight for the warranty, and lose the fight for the repair if they decide that the problem with the sofa is caused by misuse.

The manufacturers of sofas can claim that they're only designed to be sat on sedately in the middle of the seat cushion without leaning your elbows on the arms or putting your feet up, by human beings only (no pets), by people under the specified weight limits, for an average period of time each day, in a clean, dry, safe domestic environment. In real life, many people break at least one of these "rules"!

My advice would be to find out how much it's going to cost for the repair. Once you have that price go back to Argos and insist on a refund for the cost of the repair on the basis that the suite with only a 1 year guarantee isn't worth what you paid for it expecting a 10 year warranty. If they refuse, and you paid by credit card or finance, start a claim with your payment provider. Good luck!