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

the_lunatic_is_in_my_head

PHK said:

What about de-minimis ?

Surely this is so small scale and easily rectified that it would be a) exempt from regulation and b) the remedy would be disproportionate to the simple solution. 

It's the only weak link in the chain, it's the same principle as the EU guidance  mentioned back on page 1.

The price isn't de-minimis.

I don't think the issue is de-minimis, as I said the colour of the feet obviously hold importance, if they didn't DFS wouldn't sell you a choice. 

The only question is whether seeking the right to reject rather than accepting a repair is de-minimis but when you consider that how far does it go?

It's also worth noting DFS don't only have to supply the feet, they have to fit them, is there really any difference between sending someone out to do this vs sending a van out to collect.

The only downside to OP's preference of rejecting is DFS will lose this sale (but can still sell the sofa to someone else) and when has that been a concern for consumer's exercising their rights?

There is also the question of their response, unless the feet are under a separate contract, which I doubt, DFS fobbing the OP off with talk of "components" could be a breach of the Consumer Protection from Unfair Trading Regulations giving the OP the right to unwind the contract as redress. 

A component is a part of something larger, the screen on your TV is a component, the engine in your car is a component (made up of other components), if you purchase a TV with a faulty screen or a car with a faulty engine I don't see any argument you can't have a remedy because they are component, it's total nonsense so their excuse isn't valid which makes it's misleading. 

If DFS turned around and said we feel the issue is too minor to warrant a rejection due to the ease of providing a repair, that would be fine (assuming it's correct) but that's far from what they've said.

GingerTim

the_lunatic_is_in_my_head said:

PHK said:

What about de-minimis ?

Surely this is so small scale and easily rectified that it would be a) exempt from regulation and b) the remedy would be disproportionate to the simple solution. 

I don't think the issue is de-minimis, as I said the colour of the feet obviously hold importance, if they didn't DFS wouldn't sell you a choice. 

Given DFS doesn't charge for the choice of colour of feet, does that alter this interpretation in any way? (genuine question)

the_lunatic_is_in_my_head

GingerTim said:

Given DFS doesn't charge for the choice of colour of feet, does that alter this interpretation in any way? (genuine question)

No I don't think so Either they are a step ahead of the competition, keeping up with the competition, meeting customer expectation or just generally creating greater customer satisfaction surrounding their product.

It's a very logical thing to offer but ultimately, even without a price change, it's done with the view increase sales. 

km1500

for me I'm not sure changing the feet is counted as a repair - it sounds to me as though it is an order error and you just replace the incorrect bit of the order

it is not as though the feet have failed or anything

the_lunatic_is_in_my_head

km1500 said:

for me I'm not sure changing the feet is counted as a repair - it sounds to me as though it is an order error and you just replace the incorrect bit of the order

it is not as though the feet have failed or anything

With regards to the CRA, “repair” in relation to goods that do not conform to a contract, means making them conform  

https://www.legislation.gov.uk/ukpga/2015/15/section/23

Paragraph (8)

Aylesbury_Duck

km1500 said:

for me I'm not sure changing the feet is counted as a repair - it sounds to me as though it is an order error and you just replace the incorrect bit of the order

it is not as though the feet have failed or anything

Don't suggest that...

km1500

I agree about conforming to contract but the feet are interchangeable

it's a bit like if you buy a car with some loose fitting seat covers and they give you the wrong coloir seat covers and they say oh sorry he gave you the wrong ones here have the right ones - that is not a repair.

well if it is a repair it shouldn't be !

Lipgloss24

They put the new feet on my door step with “repair” writtin on it without telling me they are being delivered and expecting me to fit them even though they said they will get someone to fit them  I have gave up  with them and accepted it . They have been out to fit them he opened the bag and yet again the are the wrong colour feet 🤦🏽‍♀️ 

Aylesbury_Duck

Oh my word.

MeteredOut

Lipgloss24 said:

They put the new feet on my door step with “repair” writtin on it without telling me they are being delivered and expecting me to fit them even though they said they will get someone to fit them  I have gave up  with them and accepted it . They have been out to fit them he opened the bag and yet again the are the wrong colour feet 🤦🏽‍♀️ 

They're trolling you now!