DFS .. trying to get a refund over sending me the wrong colour feet

Lipgloss24

Hi . Has anyone had a similar issues and can give me advice please 

I bought a sofa and it arrived with mix match feet , I ordered all dark . It came with 3 dark and 9 light feet  . I wasn’t sure on the sofa  when it came so the next day I rejected it “ as it wasn’t as described” and under the consumer act 2015 I’m within my rights to reject the sofa within 30 days . 

The store manager rang and declined the refund as the feet is “ only a component” , surely the sofa is made up of components to make a whole ? Simply because the issue is considered minor, does not change this The consumer rights act does not distinguish between major and minor faults . The manager then said he has ordered me the parts and they will be here next week I have not agreed to this or gave authorisation I have clearly stated I want the sofa to be collected and get a refund with no further charges for collection of goods as I have a right to be put back in my original position without financial penalty as it is DFS error 

After trying to speak to someone higher I got a call and the woman said because the feeet is “aesthetic ” and I can still sit on the sofa without the feet then I am not entitled to a refund . 

Anyone been in this situation and can advise me further . Thankyou 

Aylesbury_Duck

Lipgloss24 said:

Hi . Has anyone had a similar issues and can give me advice please 

I bought a sofa and it arrived with mix match feet , I ordered all dark . It came with 3 dark and 9 light feet  . I wasn’t sure on the sofa  when it came so the next day I rejected it “ as it wasn’t as described” and under the consumer act 2015 I’m within my rights to reject the sofa within 30 days . 

The store manager rang and declined the refund as the feet is “ only a component” , surely the sofa is made up of components to make a whole ? Simply because the issue is considered minor, does not change this The consumer rights act does not distinguish between major and minor faults . The manager then said he has ordered me the parts and they will be here next week I have not agreed to this or gave authorisation I have clearly stated I want the sofa to be collected and get a refund with no further charges for collection of goods as I have a right to be put back in my original position without financial penalty as it is DFS error 

After trying to speak to someone higher I got a call and the woman said because the feeet is “aesthetic ” and I can still sit on the sofa without the feet then I am not entitled to a refund . 

Anyone been in this situation and can advise me further . Thankyou 

Did you order online, without seeing or trying the sofa in store?  If so, you can cancel the contract within 14 days of receipt, anyway.

If they can quickly switch the feet over, why wouldn't you just accept that?  Have you got buyer's remorse on the sofa and the feet problem is a way out?  It seems a bit odd to reject the whole thing for a cosmetic issue that can be quickly and easily resolved.

Lipgloss24

No I got it In store  . Now I wish I got online as I now see you have more rights .  Yes I said I wasn’t sure on the sofa now it’s arrived it’s a lot harder and higher than I tried in store  so they have sent me the wrong feet I’m trying to get a refund this way as it’s not what I agreed to and have 30 days to reject under the consumer act 2015 but saying because it’s a “component “ or “ aesthetic “ I’m not entitled  so wanted some advice x

born_again

I think best you will get here is feet exchanged.

New sofa's, tend to be harder. As they take time to bed in. Or you would soon be complaining that it's too soft or sagging.

McKneff

You said 'I wasn't sure on the sofa when it came'
It sounds like buyers remorse to be honest. 
I really don't think you have a leg to stand on. 
No pun intended 

DullGreyGuy

Asthetics are part of the description of goods and so you do have the short term right of rejection 

Aylesbury_Duck

I agree with born_again, it's probably not fair to compare what you sat on in store with what you have received, because the display model will have been sat on perhaps hundreds of times, making it feel softer and compressing the filling to make it slightly shorter.  

Successful rejection will indeed hinge on whether a few feet being the wrong colour is considered a reasonable reason for rejection, particularly if they've offered a quick swap-out.  You can try, they can resist.  You seem confident of your rights, so take it further with a written complaint, contact your card or finance provider or even take it to small claims court.  Your card/finance provider and/or the court will determine whether your argument is reasonable or not.

Alternatively, pop in and see if there's another sofa you like.  They'll probably be more amenable to a rejection if it turns into a swap.

eskbanker

Lipgloss24 said:

No I got it In store  . Now I wish I got online as I now see you have more rights .  Yes I said I wasn’t sure on the sofa now it’s arrived it’s a lot harder and higher than I tried in store  so they have sent me the wrong feet I’m trying to get a refund this way as it’s not what I agreed to and have 30 days to reject under the consumer act 2015 but saying because it’s a “component “ or “ aesthetic “ I’m not entitled  so wanted some advice x

Hardness is perhaps more subjective, but if it's higher then that would suggest objectively different dimensions from the one you tried in the store, so that mismatch may be a stronger basis of rejection than something more trivial?

I can entirely understand why DFS would take the line they are if they perceive that you're trying to use an easily rectified issue to back out of a contract, but that's not to say that they have the law on their side, if there is no materiality test within the CRA's right to reject provisions....

born_again

I wonder if the height is caused by the hardness of the filling. As clearly a well sat on sofa will naturally be lower, due to filling compression & spreading out.

the_lunatic_is_in_my_head

Have you specifically said you are exercising the short term right to reject OP?

This is an interesting issue, our regs make no mention of the issue having to be minor (in fact freedom for minor defects is mentioned under satisfactory quality), however EU guidance states the regs aren’t intended to allow rejection over minor matters. 

Perhaps better off contacting head office and making it clear you are using the short term right and see what they say.

Lipgloss24

the_lunatic_is_in_my_head said:

Have you specifically said you are exercising the short term right to reject OP?

This is an interesting issue, our regs make no mention of the issue having to be minor (in fact freedom for minor defects is mentioned under satisfactory quality), however EU guidance states the regs aren’t intended to allow rejection over minor matters. 

Perhaps better off contacting head office and making it clear you are using the short term right and see what they say.

Yes I have sent a letter to say that specifically but yet over the phone the store manager as told me because it’s a “component” another person said “asetheic” I can’t get a refund . Simply because the issue is considered minor, does not change this. The consumer rights act does not distinguish between major and minor faults . Therefore I think I’m within my rights to reject within 30 days under the consumer law act 2015