Poor Quality SofA

Greengrass25

Hey! Looking for any advise that people can offer!
I ordered a sofa (almost £1000) from Dusk back in October, arrived November. Initially was fantastic but by December the seat and back cushions have totally sagged as though I’ve had it for several years. Not what I’d expected after 2 months use! It’s been a nightmare getting a hold of customer service but essentially any right to a refund are determined by the company - I have been told I would need to send the sofa back (paying shopping costs) and wait for them to asses for a fault. If they determine no fault then I don’t get a refund and not sure how I’d get my sofa back either. I’m not entitled to a partial refund as it’s been more than a month but they suggested replacement cushions which am sure will be just as poor quality as these. 

Am really not sure what my rights are and don’t want to risk sending the sofa back to lose it and my money so any advise or suggestions are welcome especially if you have more knowledge than me on what my rights are

Grumpy_chap

The OP may be interested in these two recent threads where the issues of:

1. Sagging
https://forums.moneysavingexpert.com/discussion/6582221/sofa-settling#latest

2.  Colour match
https://forums.moneysavingexpert.com/discussion/6582004/help-needed-with-scs#latest

both cropped up

A_Geordie

Under the Consumer Rights Act 2015, if you are beyond the initial 30 day window, then your rights are either a repair or replacement. Where you opt for a repair or replacement, it is assumed that the sofa did not conform on the day you received the goods unless Dusk can prove otherwise. Dusk only have one attempt to resolve the issue before you can exercise your right to reject and obtain a full refund (provided the rejection is made within the first 6 months).

Unless I've misunderstood your issue, I don't quite understand the need for the sofa to be returned in order for them to assess a fault with the cushions, so that seems to be an unreasonable request - is the return of the sofa going to cause a significant inconvenience to you e.g. you have nothing to sit on at home, and why can't they send someone out to assess? Equally, the CRA also says that the supplier has to bear the costs of repair or replacement including postage. I couldn't find anything on Dusk's online T&Cs that suggested that you have to return faulty goods to them, so you can refuse and they are likely in a better position to arrange collection by a courier rather than yourself for such a large piece of furniture.

If it is the cushions that are the only issue, I would be inclined to go back to Dusk and tell them you want replacement cushions and the request of returning the whole sofa is unreasonable and/or significantly inconveniences you. Your other options are to take the risk and send the sofa back, and see what the result of their assessment is. Or you could hold your ground and if they don't play ball, start legal proceedings for a full refund, claiming breach of your consumer rights, which I'm sure they will take your more seriously at that point.

Greengrass25

A_Geordie said:

Under the Consumer Rights Act 2015, if you are beyond the initial 30 day window, then your rights are either a repair or replacement. Where you opt for a repair or replacement, it is assumed that the sofa did not conform on the day you received the goods unless Dusk can prove otherwise. Dusk only have one attempt to resolve the issue before you can exercise your right to reject and obtain a full refund (provided the rejection is made within the first 6 months).

Unless I've misunderstood your issue, I don't quite understand the need for the sofa to be returned in order for them to assess a fault with the cushions, so that seems to be an unreasonable request - is the return of the sofa going to cause a significant inconvenience to you e.g. you have nothing to sit on at home, and why can't they send someone out to assess? Equally, the CRA also says that the supplier has to bear the costs of repair or replacement including postage. I couldn't find anything on Dusk's online T&Cs that suggested that you have to return faulty goods to them, so you can refuse and they are likely in a better position to arrange collection by a courier rather than yourself for such a large piece of furniture.

If it is the cushions that are the only issue, I would be inclined to go back to Dusk and tell them you want replacement cushions and the request of returning the whole sofa is unreasonable and/or significantly inconveniences you. Your other options are to take the risk and send the sofa back, and see what the result of their assessment is. Or you could hold your ground and if they don't play ball, start legal proceedings for a full refund, claiming breach of your consumer rights, which I'm sure they will take your more seriously at that point.

Thank you for this. Super helpful and what I thought too! Here’s hoping I can get a hold of someone now to go back and forth on this!