Mis-Sold Sofa - what are my rights please?

biffbulliedmetoo

Okell said:

@biffbulliedmetoo -  who is the retailer?  (There's no reason not to say - it can't affect your rights)

Is it a big organisation like DFS or Sofology etc or is it some small, local retailer?

Don't suppose you recorded the conversation with the store assisitant when he admitted his error?

Do you have anything on paper specifying what you ordered?

It was DFS and no I didn't record the conversations which I'm now kicking myself about as I suspect he will deny this if the call wasn't recorded.

The only thing I have is a copy of the diagram/sizes that I drew to take with me to help explain what I was looking for, on this piece of paper he marked down the size of the sofa he had found which was the perfect size. He also followed up with an email after sending the link asking me to make sure I used the link to order and didn't try build a bundle on the website myself as he wouldn't get his commission that way. Which I still have a copy of.

I'll need to wait now and see what they say when they phone.

HampshireH

Personally I expect his notes will conveniently go missing.

I would rock up unannounced to the store and ask for a copy of them tomorrow morning

Aylesbury_Duck

HampshireH said:

Personally I expect his notes will conveniently go missing.

I would rock up unannounced to the store and ask for a copy of them tomorrow morning

I agree.  I suspect this will be addressed much sooner in person than relying on phone calls, emails, etc.  Apart from anything else, they're not going to want their salesperson or manager tied up in a post-sale dispute on the shop floor when they should be selling.  Keep it calm and polite, of course.

The basis of your case is that the salesperson built an order that doesn't meet the requirements you specified, so what was delivered differs from what was agreed.  Ignore the foot colour problem, that's a distraction.  They should either replace the set-up with something that does meet your original requirements, or refund you if that isn't possible.  The non-matching feet can be sorted if a replacement is possible.

Vectis

Aylesbury_Duck said:

HampshireH said:

Personally I expect his notes will conveniently go missing.

I would rock up unannounced to the store and ask for a copy of them tomorrow morning

I agree.  I suspect this will be addressed much sooner in person than relying on phone calls, emails, etc.  Apart from anything else, they're not going to want their salesperson or manager tied up in a post-sale dispute on the shop floor when they should be selling.  Keep it calm and polite, of course.

The basis of your case is that the salesperson built an order that doesn't meet the requirements you specified, so what was delivered differs from what was agreed.  Ignore the foot colour problem, that's a distraction.  They should either replace the set-up with something that does meet your original requirements, or refund you if that isn't possible.  The non-matching feet can be sorted if a replacement is possible.

Does that still stand given that the salesperson sent a link detailing what was discussed and that the op agreed with it by clicking the Payment button? Isn't there some onus on the purchaser to check what they're buying before paying, especially if something is made to order? (unless I've misunderstood, of course)

Aylesbury_Duck

Vectis said:

Aylesbury_Duck said:

HampshireH said:

Personally I expect his notes will conveniently go missing.

I would rock up unannounced to the store and ask for a copy of them tomorrow morning

I agree.  I suspect this will be addressed much sooner in person than relying on phone calls, emails, etc.  Apart from anything else, they're not going to want their salesperson or manager tied up in a post-sale dispute on the shop floor when they should be selling.  Keep it calm and polite, of course.

The basis of your case is that the salesperson built an order that doesn't meet the requirements you specified, so what was delivered differs from what was agreed.  Ignore the foot colour problem, that's a distraction.  They should either replace the set-up with something that does meet your original requirements, or refund you if that isn't possible.  The non-matching feet can be sorted if a replacement is possible.

Does that still stand given that the salesperson sent a link detailing what was discussed and that the op agreed with it by clicking the Payment button? Isn't there some onus on the purchaser to check what they're buying before paying, especially if something is made to order? (unless I've misunderstood, of course)

I've taken OP's account at face value and assumed that either there wasn't a detailed list to agree to, or the corner unit in question wasn't labelled as left or right handed, or that it was ambiguous.

Okell

Aylesbury_Duck said:

Vectis said:

Aylesbury_Duck said:

HampshireH said:

Personally I expect his notes will conveniently go missing.

I would rock up unannounced to the store and ask for a copy of them tomorrow morning

I agree.  I suspect this will be addressed much sooner in person than relying on phone calls, emails, etc.  Apart from anything else, they're not going to want their salesperson or manager tied up in a post-sale dispute on the shop floor when they should be selling.  Keep it calm and polite, of course.

The basis of your case is that the salesperson built an order that doesn't meet the requirements you specified, so what was delivered differs from what was agreed.  Ignore the foot colour problem, that's a distraction.  They should either replace the set-up with something that does meet your original requirements, or refund you if that isn't possible.  The non-matching feet can be sorted if a replacement is possible.

Does that still stand given that the salesperson sent a link detailing what was discussed and that the op agreed with it by clicking the Payment button? Isn't there some onus on the purchaser to check what they're buying before paying, especially if something is made to order? (unless I've misunderstood, of course)

I've taken OP's account at face value and assumed that either there wasn't a detailed list to agree to, or the corner unit in question wasn't labelled as left or right handed, or that it was ambiguous.

I agree with you.

The OP has said:  The link the salesman sent was a "here's what we discussed in store, click here to purchase" link which was a one button click and then it took me to payment details. So it's not that I've changed my mind, it's that the salesman has made a mistake by providing misinformation and admitted this on the phone

I take that to mean that the link took the OP straight to payment and that there was nothing to check or verify about what had been ordered

The OP also says:  The sales person said on the phone it didn't give him the option to select a side but he thought it was a corner piece then two, two seaters at either side so the individual seat could go either way. He realised this wasn't the case when on the call to me and he went back to check the order/his notes. 

If the salesman didn't understand that what he'd ordered was different from what the OP had agreed to, I'm not sure how the OP could be expected to realise there was a problem.  The salesman is assumed to be the expert and to know what he's doing with his employer's ordering system.

biffbulliedmetoo

Just wanted to follow this up with an update. I was being passed from pillar to post, after many phonecalls, a store visit, multiple emails and a web chat thread, I emailed the CEO and this was resolved within 4 hours. The Sofa is being replaced with the correct configuration that was discussed initially. 

Thanks again to everyone who took the time to reply to me.