recliner factory chair not fit for purpose

Settdad

Was partially measured for a bespoke chair from the recliner factory. Was advised as to what I needed. Chair arrived within 10 days but did not fit me & the motor was clunky. Chair was returned to be altered but was still very uncomfortable. We have asked for a refund but the company won't agree to this, just told "That isn't going to happen"

On looking at the details of our order a few things are incorrect,

! the depth of chair I needed was measured at 19 inches, the order states 20.

2 It claims I live alone, I live with husband & adult son

3 It says NO to if the chair is to be bespoke.

Also the T's & C's for the chair came in after I had paid & signed so there is no way I could have agreed to T's & C's.

I really am totally unable to sit in this chair, even with alterations the chair digs painfully into the backs of my knees. Also the leg rest is so hard that after about 20mins I get pins & needles in my feet, a manager has told me this is due to bad circulation! Something I do NOT have.

Have had 3 very unhelpful conversations with management who still claim the chair is bespoke, if it was it would fit me & be comfortable. Management claim the chair doesn't have to be comfortable!

This useless chair cost me a pensioner over £2600 which I really can not affort for a chair I can't use.

I have looked at Google reviews for this company & I am far from alone with this problem. People have contacted the ombudsman but got no where as they are only looking at the mechanics of the chair. Help please.

Okell

What is the name of the company?

Did somebody visit you to take the measurements?

Did you query the wrong measurement on the order?

Settdad

Recliner factory (part of the Willowbrook group)

Gentleman took some measurements but not all. He was not alone , he had a manager with him so all mesurements were confirmed & advised by the manager. Measured me for chair depth 19" The order said depth 20". Only realised mistakes on the order this week,  Depth of seat was a good 20" when it arrived.

Asked to sign before I saw all details, I felt hurried to sign for it, as there was a 19" measurement on the form I wrongly assumed this was for the depth of the seat, it wasn't.

Have since told company of all faults on the order but they are insisting the chair is bespoke if I choose anypart of it. Was guided to choose faux leather as we have dogs, they also suggested the type of back that would suit me & that it would be a good idea to have the side pocket.

eskbanker

I suspect that the references to 'bespoke' will be an attempt to clarify that you don't have the unilateral right to cancel the order, as such rights don't apply to "the supply of goods that are made to the consumer's specifications or are clearly personalised", but would have expected the relevant section of the order form to clarify this.

However, the trader is still required to deliver goods that comply with the specification, i.e. the order, so you'll need to make the case that there's a discrepancy between what you ordered (not necessarily what you wanted) and what you received.  There are also implied terms in any contract, so the goods need to be of satisfactory quality, etc, in areas such as:

(a) fitness for all the purposes for which goods of that kind are usually supplied;

(b) appearance and finish;

(c) freedom from minor defects;

(d) safety;

(e) durability.

'Fitness for purpose' would need to be measured objectively, rather than the subjective aspects of whether or not you consider it comfortable.

Settdad

Chair was meant to have been returned today with all issues sorted, wrong colour, wrong material, wrong back, wrong style, totally the wrong chair. We refused to accept it so once again back to the factory. No joy from management team.

Grumpy_chap

eskbanker said:

I suspect that the references to 'bespoke' will be an attempt to clarify that you don't have the unilateral right to cancel the order, as such rights don't apply to "the supply of goods that are made to the consumer's specifications or are clearly personalised", but would have expected the relevant section of the order form to clarify this.

Except, the OP states that the order form says the chair is not bespoke:

Settdad said:

3 It says NO to if the chair is to be bespoke.

With regard to the core issue as it seems to be, the OP was measured as having a 19" leg measurement (I assume the distance from lower back to inside of the knee.
The chair was then supplied with a 20" cushion depth.
Are the chairs only available with cushions in set increments, so 20" is the most appropriate choice from 19" measurement?
Many people do not sit with their rear pressed hard into the back cushion, so that could easily take up a 1" discrepancy.

Has the OP tried a back cushion in the chair?  That might resolve both the 1" discrepancy and the firmness of the cushion.

I am also confused as to what the real issue is.
In the latest post, the OP has stated that the chair is the wrong colour, wrong material, wrong back, wrong style.
The earlier posts were referencing the dimension of the cushion and the level of firmness.

eskbanker

Grumpy_chap said:

eskbanker said:

I suspect that the references to 'bespoke' will be an attempt to clarify that you don't have the unilateral right to cancel the order, as such rights don't apply to "the supply of goods that are made to the consumer's specifications or are clearly personalised", but would have expected the relevant section of the order form to clarify this.

Except, the OP states that the order form says the chair is not bespoke:

Settdad said:

3 It says NO to if the chair is to be bespoke.

Yes, I had seen that, perhaps I should have been clearer in explicitly acknowledging the discrepancy between the form and the company's subsequent stance!  However, I imagine that, even if the use of the word 'bespoke' has been inconsistent, it'll be fairly uncontentious that the chair has been ordered according "to the consumer's specifications", but in any case it seems that OP will be on firmer ground in rejecting the chair as faulty rather than trying to establish the right to cancel the contract.

photome

Grumpy_chap said:

eskbanker said:

I suspect that the references to 'bespoke' will be an attempt to clarify that you don't have the unilateral right to cancel the order, as such rights don't apply to "the supply of goods that are made to the consumer's specifications or are clearly personalised", but would have expected the relevant section of the order form to clarify this.

Except, the OP states that the order form says the chair is not bespoke:

Settdad said:

3 It says NO to if the chair is to be bespoke.

With regard to the core issue as it seems to be, the OP was measured as having a 19" leg measurement (I assume the distance from lower back to inside of the knee.
The chair was then supplied with a 20" cushion depth.
Are the chairs only available with cushions in set increments, so 20" is the most appropriate choice from 19" measurement?
Many people do not sit with their rear pressed hard into the back cushion, so that could easily take up a 1" discrepancy.

Has the OP tried a back cushion in the chair?  That might resolve both the 1" discrepancy and the firmness of the cushion.

I am also confused as to what the real issue is.
In the latest post, the OP has stated that the chair is the wrong colour, wrong material, wrong back, wrong style.
The earlier posts were referencing the dimension of the cushion and the level of firmness.

Reads as if they have delivered a replacement chair with all of the above defects

Settdad

If chair had been bespoke it should have been made with an 19inch depth. It is not bespoke if it comes from stock. I do not sit with my rear pressed hard into the back cushion so this is not the cause of 1" decrepancy. Should not have to buy extra cushion if chair is made to measure & fit for purpose.

My issue is 1) Measurements taken incorrectly.

2) Order form states NOT bespoke, company claim however that it is.

3) Company took chair back & altered it to fit me, it still didn't fit & extremely uncomfortable.

4) Told the reason I have pins & needles in my feet when sitting in chair is due to my poor circulation, there is nothing wrong with my circulation. It is just that the leg rest is extremely hard  & does not support my feet therefore it  cuts off the blood supply to the feet.

5)T's & C's not seen in my house until 1 minute after I had signed & paid for chair.

6) On asking for money back am told "there is no way that is going to happen" Have been talked to by office staff in a condescending & patronising manner.

7) Chair has been back to the factory yet again & was due to be returned today with all alterations done. Chair they tried to deliver was not my chair, am told there was a total mix up with the deliveries.

Hope this has cleared up what my real issue is.  A chair that I am told will be bespoke, an order which says it is NOT bespoke & a company claiming it is bespoke even when the order says it is not.

Settdad

Company told my husband this morning that they would send me a bunch of flowers for all the trouble I am having. As this chair cost me over £2600 I am not prepared for them to try & placate me with flowers. Have told company not to send them as I want my hard earned & saved money back.

knightstyle

How did you pay?   If finance or credit card it is easy to make a claim for a refund as the goods are not as described to you when you placed the order.