Sofa not as described

ripley182

I had my sofa and cuddle chair delivered on Tuesday and they are 4 to five cm shorter in length than is stated on sofology’s website. I rang up customer services as had I known they would be shorter than size stated I would have ordered the three seater rather than the chair as when I measured room before ordering the four and three seater sofa’s together would of been too long for space in room. They claim as I went in store and ordered I have no right to send back as I saw the sofa and could have measured them both but they only had the corner sofa and cuddle chair on display. 

ripley182

Customer services claim size differences are mentioned in the terms and conditions I signed when ordering but they are not nor does website say approximate size. The cuddle chair has been sat on for a few minutes and after my husband measured both the chair and four seater sofa we covered up chair with a quilt so it’s unused. 

After three phone calls to customer service they sent me an email asking for photo evidence which I have given them. 

I will be honest and say the cuddle chair does not suit my room but the sizes given on website mislead me to believe that ordering both sofa’s would not fit in my living room together and is not as described. 

Have I a leg to stand on? 

RefluentBeans

Did you ask about the size in store? Or just go off the website specs? 

Also 4-5cm shorter height-wise (ground to top) or length wise (end to end)? And how big is the product otherwise? There’s a clear difference between a 1.5m sofa being 5cm longer compared to a 50cm chair. Depending on this, snd given that it’s a built to order item, if it’s a marginal difference then I think that is unfair to hold them to that tight of a tolerance. 

There is a term in their terms: 
‘As a result, our specifications may change without notice and, whilst our products remain essentially identical to the sample on display in store or on our website, there may be reasonable changes and updates made over time that means it is not identical.’

ripley182

Thank you for replying.
They are both 4 cm shorter length wise and yes I did ask in store if measurement were correct as stated on website as it was the the measurements stated that led me to believe two sofas would be too long together in my living room. 

All I want is to send unused chair back and order the three seater, I don’t want to send it all back. I know I’d have to pay for them to pick it up and repackage it which I’m happy to do so.   

ripley182

They four seater is meant to be 216 cm and chair is meant to be 130 cm length wise. 

The three seater is meant to be 189 cm so with the 4 cm difference each is 8 cm which is a lot when you’re measuring a tight space. 

tightauldgit

There normally is some statement to the effect that measurements are approximate and manufacturing tolerances may mean differences. It really comes down to whether the differences that you are seeing would be considered reasonable manufacturing variation or out of spec. 4cm out of 2m is only 2% which sounds like it would be acceptable variance to me. 

The risk you would face is if you ordered the 3 seater and it turned out to be 4cm bigger is it not going to fit in your house? 

I don't think buying in store is relevant if they are claiming it's normal manufacturing variance as there's no guarantee the one in store would be the same size as the one you receive. That would only make sense if they are saying the actual specced product size is different to that listed on the website and then I think you'd have a sound case to say that they provided incorrect information on the dimensions. 

It is difficult to hold a shop to such tight margins of error on something that is made to order though and you may well end up in bigger trouble if they provide you with the exchange and its too big. 

In your case i'd be tempted to settle for what I have and see if they might be willing to make a gesture to compensate you, but it's really up to you if you aren't happy at all with what you've received. 

ripley182

Had I bought online I could of sent back chair but as I went in store I can’t as you can sit, measure etc and try out the items before ordering but there was only the corner sofa so I can’t see how that is right? 

elsien

ripley182 said:

Had I bought online I could of sent back chair but as I went in store I can’t as you can sit, measure etc and try out the items before ordering but there was only the corner sofa so I can’t see how that is right? 

Because that is what the law says. 

RefluentBeans

ripley182 said:

Had I bought online I could of sent back chair but as I went in store I can’t as you can sit, measure etc and try out the items before ordering but there was only the corner sofa so I can’t see how that is right? 

I think the argument Sofology is making that there is a rule in the consumer contract regulations that says you can reject the item if you haven’t had chance to view the item. A good way to think of this is to give you the same rights as if you purchased the item in the store - meaning you can inspect the item first before purchase in the store, whilst you can’t necessarily do that online. This means you can return the item if not as expected (this is not faulty per se, as it could be that the material is not as soft as you were expecting etc.), and you are liable for postage back in Sofology’s case. As you purchased in store, you had a chance to inspect the goods before. Therefore you don’t get this right automatically. 

The more relevant aspect to you is your short term right to reject a faulty good. Your argument here is that the goods aren’t as described and thus are faulty. This covers both in store and online purchases. However, there will always be variances in the goods being produced. And it’s whether this variance (2%) makes the products not as described. Whilst I think this is technically true, I don’t think it raises to the level of a fault. Manufacturing tolerances can vary and this is stated in the terms. The terms can’t negate your statutory rights, but I also don’t feel this is an unfair term to have. It covers everything from slight colour changes, to slight size changes. 

If you do feel that the product is faulty as it wasn’t as described, then that’s what you need to tell them. They may reject the claim and say that it was delivered in line with their terms, and thus not faulty. If that’s the case, then it’s the standard protocol of complain, letter before action, then small claims court to pursue them. Personally I don’t favour your chances here. 

ripley182

Thank you @RefluentBeansI when I recorded size differences in measurements of sofa and chair we then saw and sent pictures to sofology of a fault in the back of the chair. Where two bits of wood and seams meet it sticks out and very noticeable so I have a fault in the chair

RefluentBeans

ripley182 said:

Thank you @RefluentBeansI when I recorded size differences in measurements of sofa and chair we then saw and sent pictures to sofology of a fault in the back of the chair. Where two bits of wood and seams meet it sticks out and very noticeable so I have a fault in the chair

You may be able to reject on that basis then. I’d send a letter explaining why you’re rejecting the item. They also should pay (or reimburse) you for the return shipping. Be sure to say you’re claiming under the CRA and not just a normal return (sometimes things get lost in communication). Citizens advice bureau and Which have tools to create letters for you as well if you need help with wording etc.