Online furniture purchase - Poor quality!

AllisonM66

I've recently purchased two sofas and a footstool from a retailer that only trades on-line. After less than a week the seat cushions have depressions where the foam pads have flattened. I contacted the retailer within seven days to express my concern, and they said that it can take a month for the furniture to settle and to contact them again after a month if the problem still existed. I was not happy but agreed to do this. After a month the cushions are far worse. I have done as recommended by trading standards and written to them quoting my consumer rights and asking for a refund. They initially said that I needed to plump up the cushions regularly, I've tried this, but the foam will not return to it's normal shape. They have then said the sofas are designed to have a lived-in look and sink in feeling. My cushions don't sink in they have already sunk! They are now saying that I am outside of the 30 days return period and should have returned the products unused and in their original packaging at my own expense. I have attempted to explain that the sofas looked fine upon delivery, and I have invited them to come out and inspect them now (6 weeks post-delivery).I have contacted Klarna as this is how I paid for them, and they have agreed to look into it but it will take around 21 days before they can get to my complaint.  I have also noticed that my review has not been published despite it being honest so I assume they will remove any negative reviews in order to protect their reputation. This makes reviews pointless in my opinion. Other than taking them to the small claims court and risking them not attending or responding is there anything else I can do?  Just for info I am 9 stone, and my husband is 12 stone, we have no kids, and the furniture is only used in the evening.

Okell

AllisonM66 said:

I've recently purchased two sofas and a footstool from a retailer that only trades on-line. After less than a week the seat cushions have depressions where the foam pads have flattened. I contacted the retailer within seven days to express my concern, and they said that it can take a month for the furniture to settle and to contact them again after a month if the problem still existed. I was not happy but agreed to do this. After a month the cushions are far worse. I have done as recommended by trading standards and written to them quoting my consumer rights and asking for a refund. They initially said that I needed to plump up the cushions regularly, I've tried this, but the foam will not return to it's normal shape. They have then said the sofas are designed to have a lived-in look and sink in feeling. My cushions don't sink in they have already sunk! They are now saying that I am outside of the 30 days return period and should have returned the products unused and in their original packaging at my own expense. I have attempted to explain that the sofas looked fine upon delivery, and I have invited them to come out and inspect them now (6 weeks post-delivery).I have contacted Klarna as this is how I paid for them, and they have agreed to look into it but it will take around 21 days before they can get to my complaint.  I have also noticed that my review has not been published despite it being honest so I assume they will remove any negative reviews in order to protect their reputation. This makes reviews pointless in my opinion. Other than taking them to the small claims court and risking them not attending or responding is there anything else I can do?  Just for info I am 9 stone, and my husband is 12 stone, we have no kids, and the furniture is only used in the evening.

s22 of the Consumer Rights Act 2015 gives you the legal "short term" right to reject faulty goods within 30 days of delivery.

The legislation also provides for the running down of that 30 day window to be paused if you request or agree to the goods to be replaced or repaired.  It only starts again when you get the goods back.

Although here you have not agreed to a repair or a replacement, you have agreed - at the request of the trader - to allow the goods to "bed down" to see if they improve.

I would argue that that is analagous to agreeing to a repair or replacement, and that the statutory 30 day short term rejection window was paused when you agreed to see if they would "bed down", and only started again when you realised the trader was trying it on.

The purpose of the provision in the legislation "pausing" the 30 day window is to prevent unscrupulous traders from running down the 30 day clock by promising a repair or a replacement that only happens after the 30 days from delivery is up.  I see no logical difference between that and telling you "... that it can take a month for the furniture to settle and to contact them again after a month if the problem still existed".  They were simply trying to run down the 30 day clock so that you would lose your legal right to reject the goods within 30 days.  They can't reasonably ask you to wait a month and then after that month has expired tell you that you've lost the right to return the goods within 30 days.

Go back to them with that argument and see how they respond.

NB - I'm not a lawyer and I'm not saying that my argument is what the law is because the law talks about you agreeing to a repair or a replacement.  However, I see no logical difference between you agreeing to a repair or a replacement and agreeing to wait a month to see if it improves.  Waiting a month seems logically the same to me as agreeing to a repair or a replacement

Okell

Further to my previous post can you please tell us who the seller is?  It would be v. helpful to see their T&Cs

There is no problem with you identifying them so long as you make no untrue allegations against them

Okell

Sorry - can you also tell us exactly (1) what date the goods were delivered to you and (2) the date you were told by the seller "to wait a month"?

Mark_d

If your Klarna complaint is unsuccessful then small claims court is the next option.  If you have legal cover through your home insurance then they should help you through the process - but it's not difficult or expensive to do it yourself.  Getting a CCJ against this retailer should like it would be fairly straightforward but then you nee to enforce the judgement to get your money back.  This is less straightforward.

Next time maybe use credit card and deal with a reputable retailer

AllisonM66

Good morning, Apologies for the delay in replying. we purchased the furniture from Daals.co.uk. It was delivered on 20th March 25 and we contacted them within 6 days to reject the furniture. Klarna have sided in favour of the retailer in not recognising that Daals have not complied with their own terms and conditions, so I have now made a claim through the small claims court. I have learned through social media and several review websites that Daals have a history of treating customers like this. Many have tried to return faulty or poor-quality furniture and Daals have used delaying tactics to put buyers outside of the permitted time scale for returning goods. 

born_again

Hope you claimed against the right people

Energile Limited trading as daals is a limited company (08571780) registered in England whose registered office is at 17 Bayton Road, Exhall, Coventry, CV7 9EJ.

Okell

AllisonM66 said:

...Klarna have sided in favour of the retailer in not recognising that Daals have not complied with their own terms and conditions, so I have now made a claim through the small claims court....

Out of curiosity, what have you given as the legal basis of your claim?

AllisonM66

Furniture not fit for purpose and retailer refuses to act accordingly. 

I have raised my claim against Daal's.co.uk at their registered address. I probably should have issued the proceedings against Energile but I've got everything crossed that they don't use that as an excuse to ignore it.