Consumer Rights surrounding Furniture Village Sofa delivered faulty/damaged

RS2OOO

Hi,

I'd be very grateful if someone could please advise on the best way to proceed with the following situation.

15th February 2023 06:45am
New Furniture village Sofa and Chair delivered with 8 faults/damages, 3 identified at time of delivery, 5 more identified immediately after delivery drivers left.
I discussed with the driver about refusing delivery but he was insistent I had nothing to worry about and he'd report the faults and someone would come over to carry out the repairs at my property within 2 to 3 days.

At 10am (when the lines opened) I called FV to formally register all 8 faults and they directed me to an online form which I immediately completed.

16th February
I hadn't heard back so sent an email to FV customer services again listing all faults and photos.

17th February
I hadn't heard back so called FV again and reported over the phone and the rep said someone would be in touch within 48 hours to resolve.

20th February (today)
I receive phone call from a company called Castalan making an appointment for 13th March to inspect the furniture. They advised this appointment would not be to carry out repairs, but to compile a report of the list of faults.

My questions are as follows:

I understand under consumer rights I have 30 days to reject the faulty furniture for a full refund. I don't want the hassle of doing this and would much rather the furniture be repaired, however by the time the funiture is inspected (as per above appointment) and a report compiled the 30 days will have passed.

Does waiting for the inspection therefore remove my rights to reject the furniture in accordance with consumer rights?

Rejecting the furniture is definitely not something we want to do, we've already been a month with nothing to sit on while waiting for the delayed delivery, we love the furniture, but most of the faults are too serious to put up with long term. For interest, the faults range from a large 30cm x 8cm black grease mark and a sofa backrest that is held on by gravity (falls off if pushed to one side), down to more minor issues like clonking noises when you sit on one section and a small area of damaged fabric right in your eye-line on the chair).

What is the best / correct way to proceed?

If I get a barrage of replies stating I have nothing to worry about and FV always resolved such issues to the customers satisfaction it will give me confidence to wait it out, but I suspect such replies may not be forthcoming in view of other posts I've read!

Thank you for your time.

(Edited furniture inspection appointment date having entered incorrect date).

Manxman_in_exile

RS2OOO said:

...Does waiting for the inspection therefore remove my rights to reject the furniture in accordance with consumer rights?...

I don't think so.  See s22(6) Consumer Rights Act 2015 (legislation.gov.uk)

To clarify the matter you could tell FV that as you have requested repair or replacement of the goods, then the 30 day short term rejection period is paused for the length of "the waiting period" until either the goods are repaired or are replaced by them.

The supplier can't shorten or remove your statutory short term right to reject by delaying inspection or repair.

the_lunatic_is_in_my_head

Hello OP

There is what's known as a waiting period (section 3 mentioned is the 30 days, section 4 relates to perishable items so doesn't apply in this case).

(6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

(8)The waiting period—

(a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

You aren't under obligation to accept them inspecting the goods in your home but they can ask you show the faults exist under the 30 day right (which may be easy to do if they are visual faults). 

If you can easily show the faults by way of a simple photo (by which it sounds you can) I would email them to say you are rejecting the goods under the 30 day short term right to reject but are willing to accept a repair and as such the waiting period has begun and will end upon completion of the repair and then let them carry on with their process of inspecting the sofa. 

This way you have a record of your intentions to which you are entitled to by your rights  

HillStreetBlues

The short term right to reject will be paused. If you decide to get it repaired then once it been, it restarts giving you the remained of the 30 days. This will let you inspect any repairs, and if you feel the repairs aren't good enough, you can still reject it.

RS2OOO

Brilliant, so helpful, thank you all very much.

I'll come back and update later today after I've had time to read and absorb the relevent sections of the act and put together a follow up email (Think I prefer to write an email over a letter in case the letter gets lost etc).

Photos of all faults were taken at time of delivery, and emailed to furniture village on the same morning. Maybe it would be prudent to record a video as well, as some faults are easier to visualise if you can actually see the physical movement of the gravity held backrest, and hear the actual clonking noises as you sit down / get up.

For anyone interested, the full list of faults / issues are as follows (same list I emailed to FV with photos):

1) Very large black grease marks to sofa corner piece (CCTV footage shows this when unloading from lorry)

2) Small black grease mark to front of 2nd from right sofa seat.

3) Damaged fabric to front of backrest of single recliner chair (circa 10mm x 3mm in size).

4) Left most sofa recliner makes a clonking noise when you sit down and get up, or if you move your body whilst sitting on it.

5) 2x Sofa backrests are not aligned with each other (One in particular sticks forward by around 5cm and detatches and falls to one side when pressure applied).

6) All pieces have bent untightened silver screws sticking out under the rear veclro attached covers, and the brackets they are screwed through are also bent. (Have included just 1 photo but there's 6 or 7 screws like this in total)

7) A black trim clip was found on the floor after delivery - unable to identify where it should be attached.

8) Loose sagging and creased seat material on single recliner chair.

RS2OOO

This is the email I compiled, in my drafts ready to send pending any changes you think I should make. Email is addressed to both FV and also the finance company for the interest free monthly installments, who I assume will have an interest.


Dear Sir / Madam,

The furniture received (1x Recliner Chair and 1x Corner Sofa) in association with order number 429xxxxx was delivered on 15th February with 8 separate faults.

Some faults were identified as the furniture was being delivered and some faults immediately after the delivery persons left the premises. I discussed rejecting the furniture but the delivery person assured me I had nothing to worry about and the faults would be repaired within a few days. 

Immediately after delivery my wife contacted Furniture Village customer services by phone detailing a list of the faults and we were advised to complete an online form listing the faults and supplying supporting photos. We did this immediately and followed it up further with by email and photo attachments on the same day, addressed to 'customercare@furniturevillage.co.uk'

Having received no response I followed up by phone on Friday 18th February and was assured I would be contacted by Monday by a company who would carry out the repairs.

I received contact today (Monday 20th February) from a company called Castalan making an appointment to inspect the furniture on 13th March and compile a report.

In view of the length of time from the furniture being delivered to the date the furniture will be inspected I am concerned that any repair is unlikely to be completed within my Consumer Rights Act 2015 section 22 short term right to reject period of 30 days.

Therefore please accept this email as my rejection of the corner sofa and recliner chair under the 30 day short term rejection period.

However, in view of the advice received from Furniture Village that the faults will be repaired, please be advised that we are willing to accept satisfactory repairs to the furniture so that it meets the standards of the furniture we viewed in store prior to purchase and therefore exercise our right to pause the 30 day rejection period from today (20th February) until the date satisfactory repairs are completed to the Sofa and chair. (Consumer Rights Act 2015, section 22 (6), (7), (7a), (7b), (8), (8a), (8b)).

We love the furniture and once satisfactorily repairs are completed want to keep the furniture, but have had to send this email so that our right to reject is not lost in the event satisfactory repairs are not carried out within the 30 day right to reject period.

For additional reference I have included the list of faults as numbered below (supporting photos were supplied in previous correspondence with Furniture Village Customer Services):

1) Very large black grease marks to sofa corner piece (CCTV footage shows this is evident when unloading from lorry)
2) Small black grease mark to front of 2nd from right sofa seat.
3) Damaged fabric to front of backrest of single recliner chair (circa 10mm x 3mm in size).
4) Left most sofa recliner makes a clonking noise when you sit down and get up, or if you move your body whilst sitting on it.
5) 2x Sofa backrests are not aligned with each other (One in particular sticks forward by around 5cm and detaches and falls to one side when pressure applied).
6) All pieces have bent untightened silver screws sticking out under the rear velcro attached covers, and the brackets they are screwed through are also bent. (just 1 example photo was supplied, but there's 6 or 7 screws like this in total)
7) A black trim clip was found on the floor after delivery - unable to identify where it should be attached.
8) Loose sagging and creased seat material on the single recliner chair.

Yours Sincerely,

the_lunatic_is_in_my_head

RS2OOO said:

We love the furniture and once satisfactorily repairs are completed want to keep the furniture, but have had to send this email so that our right to reject is not lost in the event satisfactory repairs are not carried out within the 30 day right to reject period.

Hello OP

I would change this slightly to:

We love the furniture and if satisfactorily repairs are completed want to keep the furniture, but have had to send this email so that the waiting period may begin and as such our short term right to reject is not lost in the event the goods still do not conform to the contract after the repair attempt has been completed. 

Hopefully everything will go smoothly with the repair and you'll get to enjoy your new sofas If you need any further help down the line do post back for more advice. 

RS2OOO

the_lunatic_is_in_my_head said:

RS2OOO said:

We love the furniture and once satisfactorily repairs are completed want to keep the furniture, but have had to send this email so that our right to reject is not lost in the event satisfactory repairs are not carried out within the 30 day right to reject period.

Hello OP

I would change this slightly to:

We love the furniture and if satisfactorily repairs are completed want to keep the furniture, but have had to send this email so that the waiting period may begin and as such our short term right to reject is not lost in the event the goods still do not conform to the contract after the repair attempt has been completed. 

Hopefully everything will go smoothly with the repair and you'll get to enjoy your new sofas If you need any further help down the line do post back for more advice. 

That's perfect, really well worded, thankyou very much.

Will update on the eventual outcome, whenever that may be.

Such a shame really and something that seems so common nowadays with the totally avoidable lack of care and poor quality control on expensive items. 

RS2OOO

Quick interim update.

FV acknowledged my email described above 5 days after receiving it. They had no objections to pausing the 30 day rejection period and stated their aim is "to restore the items to a factory/showroom standard you are fully satisfied with."

The Castalan inspection was brought forwards to yesterday. It took almost 3 hours and consisted of 36 pages of reports and over 100 photos. I was not allowed to see any part of the report(s) despite asking. The inspector said everything identified will be repaired with the repairs mounting up to around 1 day's work (5 hrs 45 minutes repair time) and the repairs likely to take place in around 3 weeks. One repair in particular may take longer and require one piece to be sent away.

I should hear back with an update within 3 working days.


On another note, I have read stories online about the showroom furniture being a higher spec compared to what the customer receives. I take online comments like this with a pinch of salt.

However, myself and wife went back to the store to have a look, and sure enough there are a number of differences. 

• The material on the showroom furniture is fitted a lot tighter with no creases / saggyness or loose material like there is on ours.
• The furniture in showroom is without doubt more springier to sit/bounce on.
• Each piece of the showroom furniture has extra bracing / support at the back, so for example when you lift the back velcro covers on our furniture there is just empty space inside (and loose and/or crossthreaded screws lol), but the showroom furniture has these extra material covered panels as photographed:

I mentioned these to the inspector who seemed to want to avoid the subject, but just about conceded / indicated that the showroom furniture is assembled in the UK but the furniture the customer receives comes straight from China.

RS2OOO

New Interim Update:

Received a phonecall from FV.

The repairs required in Castalan's report all match the faults reported.

Now awaiting contact from Castalan for a repair appointment. (contact should be this week).

FV stated if any repair is not satisfactory they'll offer replacement or rejection of the furniture, and if repairs are to my satisfaction they will offer a price reduction (partial refund) as an apology for the poor experience.

EDIT: Seconds after posting this I received an email from Castalan and the repairs to be made in 1st Week of April.

Manxman_in_exile

RS2OOO said:

... On another note, I have read stories online about the showroom furniture being a higher spec compared to what the customer receives. I take online comments like this with a pinch of salt.

However, myself and wife went back to the store to have a look, and sure enough there are a number of differences. 

• The material on the showroom furniture is fitted a lot tighter with no creases / saggyness or loose material like there is on ours.
• The furniture in showroom is without doubt more springier to sit/bounce on.
• Each piece of the showroom furniture has extra bracing / support at the back, so for example when you lift the back velcro covers on our furniture there is just empty space inside (and loose and/or crossthreaded screws lol), but the showroom furniture has these extra material covered panels as photographed:

I mentioned these to the inspector who seemed to want to avoid the subject, but just about conceded / indicated that the showroom furniture is assembled in the UK but the furniture the customer receives comes straight from China.

Are those photos of the showroom display items?

Under s14 of Consumer Rights Act 2015 (legislation.gov.uk), the goods you buy must match any model of the goods that you saw or examined before entering into the contract.

If I were you I would keep those photos safe, and I would also take corresponding photos of your own sofa to demonstrate the differences between what you saw on display and what was delivered to you

Hopefully you won't need them, but if it turns out that you are unhappy or dissatisfied with the repair that FV carries out, they might add additional weight to your argument against FV.

ie not only was the delivered sofa faulty, it also didn't match the display model that you saw and examined.  (I'd suggest the important difference is the additional support and bracing on the showroom model, not so much the tightness of the cover or the sofa's "bounceability")