Sofa not as described

RefluentBeans

Aylesbury_Duck said:

ripley182 said:

I just went into sofology and asked them to measure cuddle chair and it was 4 cm’s out from website measurements, he said he had worked at sofology for over a year and that was the first time he had measured a chair or sofa and it wasn’t the same as on website. He measured across in two places and told me you measure from seam to seam. He was generally perplexed and my husband filmed us, he went to speak to his manager who recognised me and the salesman came back not so helpful and said sofas and chairs can be smaller by up to 4 cm than website measurements. He said sofology do not giver refunds even if any faults are reported before 30 days after delivery. He also explained the 5 years sofashield insurance completely wrong to me. 

ripley182 said:

I asked salesman if any pine is used any he said no only quality wood is used. Guess what wood is in my sofa? All on film 

What are you going to do with all these "gotchas"?  Just focus on your complaint, which is that the chair you no longer want is conveniently faulty.  On that basis you could involve your card or credit provider, or send them a letter before action threatening small claims.  Going into stores and filming yourself catching them out on a load of stuff adds nothing to your argument and probably decreases the chance of any cooperation that might have been possible.

Agree with this. Just focus on the complaint and not the ‘your staff are incompetent’ argument. 

ripley182

I want to reject the chair as it has a defect and get a refund which I would then use to get another sofa. 

The fact my husband filmed the salesman measuring the chair and all the ‘gotcha’ moments as someone eloquently put is because as I’ve been advised elsewhere you can’t prove what is said in store nor over the phone and the chair is 4 cm’s out in store and so was the corner sofa so to me proves the measurements are wrong on the website. I have an email showing me exactly how to measure said furniture from seam to seam with a diagram which is just how the salesman measured and I queried if that was the correct way to measure sofa and chairs in the store and was told yes it is by him. That answers one of my complaint to sofology that the measurement do not state approximately so is misleading, the salesman also said to use masking tape on the floor with the measurements from website to see if sofas would fit which we did but unfortunately we did not have correct measurements as said sofas were not in showroom. If measurements are wrong on website nor can you measure yourself in showroom how can you possibly know the exact sizes and if they can fit? 

RefluentBeans

ripley182 said:

I want to reject the chair as it has a defect and get a refund which I would then use to get another sofa. 

The fact my husband filmed the salesman measuring the chair and all the ‘gotcha’ moments as someone eloquently put is because as I’ve been advised elsewhere you can’t prove what is said in store nor over the phone and the chair is 4 cm’s out in store and so was the corner sofa so to me proves the measurements are wrong on the website. I have an email showing me exactly how to measure said furniture from seam to seam with a diagram which is just how the salesman measured and I queried if that was the correct way to measure sofa and chairs in the store and was told yes it is by him. That answers one of my complaint to sofology that the measurement do not state approximately so is misleading, the salesman also said to use masking tape on the floor with the measurements from website to see if sofas would fit which we did but unfortunately we did not have correct measurements as said sofas were not in showroom. If measurements are wrong on website nor can you measure yourself in showroom how can you possibly know the exact sizes and if they can fit? 

Again - there’s manufacturing tolerances. It’s unlikely that every item will be bang on the target size. You have 2 products that are marginally (2%) different from size on the website. If you get a bag of 100g bag of rice and there’s 98g in there, would you notice? I don’t think that proves anything at all. Additionally it’s covered in the terms and conditions, as previously stated. 

All you’ve done is burn a lot of goodwill there. The one item that is faulty you can pursue and claim for. But you should also ask that the other item is refunded ‘as you’ve lost faith in the product line’/‘can’t wait 6 weeks for another delivery’ etc. But prepare for them to say no, especially with the gotcha evidence you’ve seemed to gather. 

ripley182

Sorry that reply was very defensive, I am just horrified at the misleading information in store and on line 

RefluentBeans

ripley182 said:

Sorry that reply was very defensive, I am just horrified at the misleading information in store and on line 

I understand it’s really annoying - but the best outcome will be to stick to the facts you have. Focus on the clearly faulty product, and then say you want to reject the whole order as you’ve lost faith in the product quality. To confirm - the latter is not a right. 

You have a right to return the faulty product, which you discovered in the closer inspection of the product. The measurement error may or may not be a product fault. 

4cm is a lot in clothing, but not a lot in say the purchase of sin airplane. If you purchase an airplane and it was 4cm smaller than expected, then you likely wouldn’t succeed in a ‘faulty as not as described’ argument. Equally a made to measure item should have tighter tolerances than a mass produced unit. 

I would think than in a sofa or chair it really depends. And the only person who could say for certainty is going to be a judge. Personally, a 2% variance sounds within the range of allowances. But as shown before the absolute difference (4cm) or the relative difference (2%) may or may not be allowed depending on the size of the product, and the type of product. There is no ‘rule’ for this per se. 

ripley182

I only want to reject the chair because of defects 

Aylesbury_Duck

ripley182 said:

I only want to reject the chair because of defects 

Then that's what you reject it on.  All the stuff about measurements and pine is irrelevant and a distraction.  You can see it from this thread, where the majority of the stuff you've posted is about the measurements.  If you've dealt with the retailer in a similar fashion, ie. focusing on the measurement discrepancy rather than the thing that might actually give you grounds to reject (the alleged fault) it's no wonder you haven't got anywhere.  

Okell

ripley182 said:

I only want to reject the chair because of defects 

See my post timed at 5:53pm today.

If the "issue" you describe between the pieces of wood and the seams is sufficient to amount to a "fault" - or otherwise mean that the chair does not conform to contract - then you are entitled to reject it for a full refund under your short-term right to reject, so long as you do so within 30 days of delivery.  But you need to state clearly to Sofology what you are doing (quote to them the law I linked to in my earlier post) and you must be prepared for Sofology to argue that whatever you have discovered is not a "fault".  You need to be able to put together an argument that shows that what you have discovered does justify rejection.  Only you can do that because we haven't seen what you are complaining about.

Have you also made it crystal clear to Sofology that once you have rejected the chair, you are still willing to buy another sofa from them?  Do they understand that?

ripley182

I have emailed them today stating I am rejecting the chair because of the defect at the back of the sofa (nothing about the measurements or wood used ) and want a full refund as it is within the 30 day period after delivery and I did quote them the law you had linked in your previous post. I haven’t made it clear I would buy the sofa when I get the refund as not sure it will be relevant yet