DFS refuse to refund a sofa we cannot use due to mis selling. What are our rights?

Gavin83

Redfairy said:

They all seemed to have ignored the fact that we tried to exercise our right to reject a few days after the sofas were delivered as they were not the same as the models in the shop. 

Could you clarify this as I’m getting a little confused. Are you saying the sofas delivered are a different make/model to the one you viewed in the shop and agreed to buy?

eskbanker

Gavin83 said:

Redfairy said:

They all seemed to have ignored the fact that we tried to exercise our right to reject a few days after the sofas were delivered as they were not the same as the models in the shop. 

Could you clarify this as I’m getting a little confused. Are you saying the sofas delivered are a different make/model to the one you viewed in the shop and agreed to buy?

I don't believe that's what OP is saying - the sofas are the same model as the showroom ones, in terms of name/number, etc, but don't feel the same to sit on after delivery.

Alderbank

Gavin83 said:

Redfairy said:

They all seemed to have ignored the fact that we tried to exercise our right to reject a few days after the sofas were delivered as they were not the same as the models in the shop. 

Could you clarify this as I’m getting a little confused. Are you saying the sofas delivered are a different make/model to the one you viewed in the shop and agreed to buy?

They appear to be the same make/model, colour, fabric, size, appearance, etc.

I'm sure the OP meant to say ...as they were not the same perceived softness as the models in the shop. 

Redfairy

Gavin83 said:

Redfairy said:

They all seemed to have ignored the fact that we tried to exercise our right to reject a few days after the sofas were delivered as they were not the same as the models in the shop. 

Could you clarify this as I’m getting a little confused. Are you saying the sofas delivered are a different make/model to the one you viewed in the shop and agreed to buy?

Hi, the sofas delivered were the ones we had requested. The problem is they look and feel completely different to the ones we sat on. We were expecting to receive very similar to the ones we chose in store, only newer. We cannot break them in to make them softer as they hurt my back and I am unable to use them .

eskbanker

Redfairy said:

Hi, the sofas delivered were the ones we had requested. The problem is they look and feel completely different to the ones we sat on. We were expecting to receive very similar to the ones we chose in store, only newer. We cannot break them in to make them softer as they hurt my back and I am unable to use them .

In what way do they look different, if they're the same model, or does 'very similar' mean that you actually ordered a different model from the one in the showroom?

Jumblebumble

tightauldgit said:

Jumblebumble said:

Alderbank said:

Just to clarify, you found a sofa in the shop which was soft enough for your needs and therefore decided to buy two of that model.
The salesperson was aware of your specific requirement.
The sofas you eventually received differed from the model you were shown in the shop.

There are two faults here, they do not conform to the model you were shown and they do not conform to your specific requirements which were agreed with the shop.

Tell the shop you are rejecting them as is your right under the Consumer Rights Act 2015 because the goods are in breach of Section 10: Goods to be fit for particular purpose and Section 14: Goods to match a model seen or examined

May I observe that these are not proven faults but are alleged faults which the shop are likely  to vigorously defend by telling the court that the OP tried out the sofa in the shop and then bought the same ones and that they cannot understand the problem.

Going by the OP the shop have admitted that the sofa supplied does not match the sofa tried out but have said it requires bedding in. Something that wasn't apparently told to the customer when they sold them a 'soft' sofa.  

I am pleased you used the word apparently. The OP needs to prove this. 

My take on this is that the shop cannot win if they are selling any product that changes it's characteristics with time and wear .
Are they selling a sofa that is identical to the demo on the day of delivery  or are they selling a sofa that will be identical to the demo one for its whole life after the initial bedding in.

One could extend your argument  to try to claim that a pair of new leather walking boots are unfit for purpose as they might give blisters the first time they are worn because they were not a broken in as the shops demo pair
Or perhaps a new car is not fit for purpose because it uses more fuel than the demo because the engine needs to be run in.

Headonastick68

Strange but we are having the exact same problem with the sofas we ordered from DFS and my wife has herniated discs, our argument is that DFS fail under the Consumer Rights Act Section 14 "Goods to match a model seen or examined". The sofas we had delivered are not comparable to the ones we tried in store, the seating is absolutely rock hard and the backs push into the thoracic spine.

Alderbank

Headonastick68 said:

Strange but we are having the exact same problem with the sofas we ordered from DFS and my wife has herniated discs, our argument is that DFS fail under the Consumer Rights Act Section 14 "Goods to match a model seen or examined". The sofas we had delivered are not comparable to the ones we tried in store, the seating is absolutely rock hard and the backs push into the thoracic spine.

Welcome to the forum.

As @Jumblebumble points out above, furniture changes its characteristics with time and wear. DFS might argue, and the court would probably accept, that the sofa in the shop was made by the same manufacturer and to the same specifications as the one supplied to you and therefore met the s14 requirement to 'match'. They might claim that 'match' means that both items would change in a similar way with age and use.

Did the shop lead you to believe you would get the actual piece of furniture in the shop or did they say yours would be brand new and unused? Did you explain about your wife's special needs?
Any special requirements you agree with the shop when you place the order do form part of the contract and you can reject on that basis. However proving that they agreed to those requirements might be a challenge.

Since the ones in the shop sound to be just right, do you think the shop might be willing to swap their used display models for your new ones? You might have to pay towards moving costs.

soda_syphon

We are also having the same issue as Redfairy & Headonastick68 with our DFS  recliner sofas which were delivered last week & are very firm compared to the showroom examples that we made our decision to purchase with. We have filed a complaint after discussing with the store as the showroom sofas compress twice as much as our new one, & my wife is unable to sit comfortably on them due to her back problem so she is now using our old sofa until we can sort out a solution. We love the looks,  they're just very firm & uncomfortable  on the base & back.
As this is an old post can Redfairy & Headonastick68  update please as i know over time & use they will soften but I can't see the characteristics of springs & foam  altering  quick enough to be as soft as we need in the near future.

powerful_Rogue

soda_syphon said:

We are also having the same issue as Redfairy & Headonastick68 with our DFS  recliner sofas which were delivered last week & are very firm compared to the showroom examples that we made our decision to purchase with. We have filed a complaint after discussing with the store as the showroom sofas compress twice as much as our new one, & my wife is unable to sit comfortably on them due to her back problem so she is now using our old sofa until we can sort out a solution. We love the looks,  they're just very firm & uncomfortable  on the base & back.
As this is an old post can Redfairy & Headonastick68  update please as i know over time & use they will soften but I can't see the characteristics of springs & foam  altering  quick enough to be as soft as we need in the near future.

This is an old thread, with neither member you mention being on for almost a year. One of them was just a one post wonder.