Bought a sofa online

jm1973

I recently bought a sofa bed online from sofa.com. It looked and sounded great in the pictures and description. However, it arrived yesterday and it is the most uncomfortable thing I have ever sat irn. There is no give in either the back or the cushions whatsoever. It is like sitting on a rock.

I checked their returns policy, and it says we have to pay a 10% restocking fee, if we want to return it.  As I understand it, according to the Consumer Rights Act. 2015, an online retailer is not allowed to make any kind of restocking fees etc. The most they could do is make us pay for delivery. Is that correct? I'd like to be sure of my position before I contact them. Thanks for any help.

tacpot12

Do you have any Home Insurance? If so, check to see if you have Legal Expenses cover. If you do, call the Legal Helpline. They will tell you your rights and should represent you if you need to sue sofa.com to get your money back.  

the_lunatic_is_in_my_head

Their terms are terrible, you have the right to cancel within 14 days of receipt. They offer to collect so should do so.

They don't appear to advise on the cost of that collection and so it should be for them to cover.

They mention various fees and charges none of which apply other than them reducing the refund for diminished value due to "excessive handling" but because of their poor terms they can't do that other. 

The refund should be the full amount paid, unless you paid an extra delivery fee over the basic in which case they can keep the difference (i.e basic shipping £29.99, express £59.99 would mean they can keep the extra £30 if you choose express). 

jm1973

the_lunatic_is_in_my_head said:

Their terms are terrible, you have the right to cancel within 14 days of receipt. They offer to collect so should do so.

They don't appear to advise on the cost of that collection and so it should be for them to cover.

They mention various fees and charges none of which apply other than them reducing the refund for diminished value due to "excessive handling" but because of their poor terms they can't do that other. 

The refund should be the full amount paid, unless you paid an extra delivery fee over the basic in which case they can keep the difference (i.e basic shipping £29.99, express £59.99 would mean they can keep the extra £30 if you choose express). 

Many thanks for the reply. That is good news.

I emailed them earlier to say I wanted a refund for the full amount, and they have come back saying that as it is my choice, and not due to a defect, I have to pay as 10% restocking fee.

What is the best way to respond to this please?

the_lunatic_is_in_my_head

jm1973 said:

the_lunatic_is_in_my_head said:

Their terms are terrible, you have the right to cancel within 14 days of receipt. They offer to collect so should do so.

They don't appear to advise on the cost of that collection and so it should be for them to cover.

They mention various fees and charges none of which apply other than them reducing the refund for diminished value due to "excessive handling" but because of their poor terms they can't do that other. 

The refund should be the full amount paid, unless you paid an extra delivery fee over the basic in which case they can keep the difference (i.e basic shipping £29.99, express £59.99 would mean they can keep the extra £30 if you choose express). 

Many thanks for the reply. That is good news.

I emailed them earlier to say I wanted a refund for the full amount, and they have come back saying that as it is my choice, and not due to a defect, I have to pay as 10% restocking fee.

What is the best way to respond to this please?

Generally there is an obligation to mitigate (lessen) your losses, I would recommend getting them to collet the sofa, receiving the refund, then popping back to the thread and I'd be happy to put together an email for you to send explaining why a deduction isn't appropriate. 

If you go to heavy on them now they might refuse to do anything at all  

jm1973

That sounds like good advice. Than you very much.

jm1973

the_lunatic_is_in_my_head said:

Generally there is an obligation to mitigate (lessen) your losses, I would recommend getting them to collet the sofa, receiving the refund, then popping back to the thread and I'd be happy to put together an email for you to send explaining why a deduction isn't appropriate. 

If you go to heavy on them now they might refuse to do anything at all  

Hi. They have now collected the sofa, and refunded my deposit, less the restocking fee.

Would you be able to help with drafting an email to try to get the restocking fee paid back, please?

Thanks very much,

the_lunatic_is_in_my_head

jm1973 said:

the_lunatic_is_in_my_head said:

Generally there is an obligation to mitigate (lessen) your losses, I would recommend getting them to collet the sofa, receiving the refund, then popping back to the thread and I'd be happy to put together an email for you to send explaining why a deduction isn't appropriate. 

If you go to heavy on them now they might refuse to do anything at all  

Hi. They have now collected the sofa, and refunded my deposit, less the restocking fee.

Would you be able to help with drafting an email to try to get the restocking fee paid back, please?

Thanks very much,

Hello OP no problem, please proof read as I'm prone to typos. You can cc in trading standards to the email, the postcode of Sofa.com is as per their website (NG20 8RY) and you can search for the email here:

https://www.tradingstandards.uk/consumer-help/

(I'm not sure if we are allowed to post the email address directly here).

Trading standards most likely won't do anything, not even reply, but it might give the company a nudge.

Let us know if you have any luck  

-------------------------------------------------------------------------------------

Dear Sofa.com

I am writing regarding order xx, thank you for providing a refund however a deduction from the refund is not permitted.

For your reference:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

Information relating to distance and off-premises contracts

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

As your terms attempt to impose a restocking fee the information provided does not meet the requirements under paragraph (l) of schedule 2 and as such no deduction for any reason is permitted.

Should it not have been previously clear, for the purposes of clarity, I am hereby advising that I am exercising my right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the cancellation period has been extended to due the breach of the information requirements as detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

With regards to the collection of the sofa, this is your cost to bear as the required information does not provide the cost of returning the goods as detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

Return of goods in the event of cancellation

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

Information relating to distance and off-premises contracts

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

If the remained of the refund is not made within 28 days of the date of this email I shall send a formal letter before action again requesting the refund be made. Should this also not result in the refund being made I shall make a court claim for the refund value via the small claims process.

This matter has also been brought to the attention of Derbyshire County Council Trading Standards who have been cc'd into this communication. 

Thank you in advance for a prompt and amicable resolve to this matter,
Sincerely,
jm1973

jm1973

Hi. That is amazing. Thank you.

They also didn't reimburse the initial delivery charge, which was the cheapest option, so I will try to get that back off them as well.

I will let you know how I get on.

pinkshoes

As their T&Cs are incorrect, you are indeed entitled to a full refund.

For future reference, sofa beds are not known for for being soft and comfy!

I bought one recently from www.sofabed.co.uk (I got the Chelsea sofa bed in velvet). They're British made, delivered relatively quickly and we absolutely love it! It's used in a study room, so not a main sofa, but I find it comfy enough to sit and read on (although I'm not a fan of really squidgy soft sofas). I upgraded to a wider one. They were surprising good value. 

We've used it as a sofa bed a couple of times (upgraded to the sprung mattress and use a mattress topper), and it's absolutely fine for a few nights.