Can I reject this sofa as faulty?

countrycitymouse

I purchased a Marvella recliner sofa set from Sofology as their quality looked really good in store.

However, 3 months later I was quite shocked when I received my sofas. Both the 3 seater and 2 seater have gaps between the seats and head rests where I can fit 1-2 fingers. Nothing like what their sofas in store look like.

The customer service rep tried to fob me off after seeing pictures saying gaps like that are expected due to the mechanics of recliners. I argued and she reluctantly agreed to send out an engineer to check but also mentioned during the call that she could only help with faults and that it looks more of an expectation issue.

I'm quite surprised with the quality and aftersales given the 3 piece set cost me nearly 5 grand.

Am I right in arguing the quality is not acceptable or are my expectations too high?

I've attached a picture of the sofa on display compared to what I received.

countrycitymouse

Looks like I cant post links or pictures yet

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, call the Legal Helpline for advice. 

I could understand the stores point of view IF the sofas in store were non-reclining models, but even if they were, it is my feeling that you should have been advised that the reclining models had this gap, and they misrepresented what you would receive if they didn't advise you about this.  

elsien

How long have you had them for and were they an instore or online purchase?

Aylesbury_Duck

Wait and see what the "engineer*" says.

* It's laughable that these places use that term for what is, at best, a technician with a spanner, a hammer, a needle and thread and a plumb bob.

countrycitymouse

Thanks all. It was an in store purchase and I've them for around a week. I called them up on the same day they were delivered. The engineer is due to visit on the 30th.

I went back to the store to look at the sofa again and did not find any gaps between the seats or the power head rests. They had the same model in 2 different configurations on the shop floor.

Will wait and see what their engineer has to say.

ArbitraryRandom

It's not necessarily 'faulty', but you have the right to have the goods match the model you examined in store prior to purchase unless you were told there would be a difference: 

https://www.legislation.gov.uk/ukpga/2015/15/section/14/enacted 

As if the difference is as you describe, I would think you have the right to reject the sofa within 30 days of receipt (and you reported the issue within the timeframe, so they can't claim after you wait for the engineer that you're out of time). 

Arbitration example based on the same point (a carpet bought in store based on display samples and not matching when later installed): https://theconsumerlawyer.blog/2020/12/22/case-study-6-when-goods-do-not-match-the-sample/

[Deleted User]

Can somebody help please.  I have a similar occurrence as the above.  When we purchased a sofa in store the model we looked at did not have a reclining feature.  We opted for a reclining feature but were not told anything about it having support legs or that the existing support leg was even there plus that the leg would have to moved further to the front of the sofa to support it.  

We had no idea about any support legs.  When the £7.5k sofas were delivered we were horrified because we could visibly see black support legs which look horrible.  We had no idea anything under the sofa would be visible.  We were given digital pictures but these legs were not visible in those pictures.
i went back to the store initially by email but got no response, and so emailed them again within the 30 day time limit to reject the sofas because they differed to what we looked at.
The store is refusing to play ball saying the legs are there for safety reasons etc. 
any help or advice would be appreciated.

Aylesbury_Duck

How did you pay?

[Deleted User]

Part card 30% and the remainder by bank transfer.

[Deleted User]

Could I also say that I believe the legislation says any differences must be pointed out to the one viewed in store at point of sale.  Is that correct?