Refund for sofa

lisa17

I ordered 2 sofas from Fabb furniture online. On receiving the sofas after waiting 13 weeks after the original time scale of 6 weeks one of them was delivered with wrong feet and are not what we expected either.
I contacted them asking for a refund. 

Am I right in thinking that under the consumer rights act 2015 I’m in my right to reject the order as it is not what I ordered and not fit for purpose, for a full refund? 

They have however said they are sending the correct feet out but I am still not happy with the sofas. 

I also received an email back from them this afternoon stating they they would not give a refund as the sofas are now ‘used’

What is the point of 14 day money back guarantee if you can’t open the product to which the delivery drivers take away all the packaging anyway, surely this is unfair as I’ve also ordered via website. 

Please can anyone advise me if I can take this further? 

Thanks 

Alderbank

Yes you can take this further, but be careful.
With sofas, 'Not fit for purpose' would mean they can't be used as sofas. Wrong colour for instance or 'wrong feet' would not mean they can't be used as sofas. They are however not what you ordered.

What day did you receive the sofas and what day did you ask for a refund?

It's not very clear to me whether you are rejecting them for change of mind (I am still not happy with the sofas), rejecting them for not as described or rejecting them under the retailer's '14 day money back guarantee'.
You need to be clear about that. Which is it?

powerful_Rogue

lisa17 said:

I ordered 2 sofas from Fabb furniture online. On receiving the sofas after waiting 13 weeks after the original time scale of 6 weeks one of them was delivered with wrong feet and are not what we expected either.
I contacted them asking for a refund. 

Am I right in thinking that under the consumer rights act 2015 I’m in my right to reject the order as it is not what I ordered and not fit for purpose, for a full refund? 

They have however said they are sending the correct feet out but I am still not happy with the sofas. 

I also received an email back from them this afternoon stating they they would not give a refund as the sofas are now ‘used’

What is the point of 14 day money back guarantee if you can’t open the product to which the delivery drivers take away all the packaging anyway, surely this is unfair as I’ve also ordered via website. 

Please can anyone advise me if I can take this further? 

Thanks 

When was the sofa delivered?

Why do you believe it's not fit for purpose? Can it not be sat on?

Did you follow this process? - https://www.fabbfurniture.com/pages/14-day-money-back-returns-guarantee-fabb-furniture?

How did you pay for the sofa?

lisa17

The sofa was delivered last week. 

The legs they supplied with it is far too low and very uncomfortable. 

Yes followed the process too. 

Paid by debit card unfortunately 

powerful_Rogue

lisa17 said:

The sofa was delivered last week. 

The legs they supplied with it is far too low and very uncomfortable. 

Yes followed the process too. 

Paid by debit card unfortunately 

Comfort is very subjective. I wouldn't use the term 'not fit for purpose'.

I'm presuming this wasn't custom made, as it you had to type in sizes etc. When you ordered everything was via a drop-down/tick box etc?

If so, fill out this template and send it to the them. If you get no joy, come back and let us know. https://www.citizensadvice.org.uk/consumer/template-letters/letters/cancelling-goods-or-services/letter-to-cancel-or-return-goods-bought-online-over-the-phone-or-by-mail-order/

the_lunatic_is_in_my_head

OP can you clarify what you mean by "wrong feet" please?

If you mean they put different feet to what was agreed or shown on the website then you simply need to notify the retailer that the goods do not conform to the contract as they do not match the description and you are exercising the short term right to reject for a full refund.

If you mean they are wrong in some other respect may you clarify?  

pinkshoes

lisa17 said:

The sofa was delivered last week. 

The legs they supplied with it is far too low and very uncomfortable. 

Yes followed the process too. 

Paid by debit card unfortunately 

Did you visit their store to see any of the sofas, or was this order purely online?