New sofas - want to reject

reggie

We have recently bought a couple of new sofas. We visited the store a few times to try them out due to issues requiring a level of softness. On delivery, the first thing we noticed was the wrinkling on the seat cushions- a possible excess of material. Additionally, they were very firm and not as supportive under the knees as in the shop. We rang the store the following day who asked us to email pictures, which they forwarded to the manufacturer.  They have arranged for a technician from a firm they use  to visit in a few weeks to do a report. We then revisited the store, who have since had a newer suite like ours, it is much softer than ours (not as soft as original) and no wrinkling in material. The shop said once the manufacturer had the report then we could discuss options. We were concerned when reading the terms and conditions that we should be dealing with the retailer and should have informed them within 30 days that we would like to reject the sofas.  We did follow up with an email letting them know when the technician was visiting but added that we would like to reject due to the difference in firmness and flaws, which they have not yet replied to. I fear that the technician will side with the manufacturer and then we are not sure if we have any other options. I am hoping that isn't the case obviously. Any advice would be helpful.

sonearandyetsofa

How long between your delivery and you informing them via email that you want to exercise your right to reject? It needs to be 30 days or less in order for you to be able to reject them before an attempt to repair is made.

Sofas usually soften over time, but they definitely don't get less wrinkly over time - that's only ever going to get worse with use. You mention that it's not as supportive under your knees - check the measurements of the seat height and the seat depth, to see how they compare to the display model. They won't be exactly the same as there is usually a margin of error, it depends how much it differs as to whether you could argue it doesn't conform to contract.

If it's been more than 30 days since you took delivery, and you already agreed to allow their technician to attend, you still have the right to reject. The 30 day timer for rejection paused when you accepted their offer of a repair, and it restarts once the repair is done. So, if you're not happy once the technician has attempted the repair, you still have the right to reject the sofas.

Don't be surprised if the technician produces a report that states everything is fine after telling you in person that there's a problem. They work for the retailer, not for you, but they won't want to argue with you directly as that's not their job.

born_again

We rang the store the following day...

So well within the 30 days.

the_lunatic_is_in_my_head

reggie said:

 We did follow up with an email letting them know when the technician was visiting but added that we would like to reject due to the difference in firmness and flaws, which they have not yet replied to.

Once you exercise the short term right to reject there are 3 options

1) Make the goods available for collection if the terms state the retailer will collect them in the event of rejection.

2) In the absence of any such offer the consumer has a duty to return the goods. 

3) Consumer can accept a repair or replacement and the 30 days to reject is paused (known as the waiting period) and if the repair/replacement doesn't conform (fix the issue or be free of other issues) then the rest of the 30 day period to reject applies.

However even if outside of 30 days they still have to offer a remedy of repair/replace and only get one attempt which should that fail you can then exercise (the final right to) reject.

If exercise the 30 day right to reject burden of proof is upon yourself, them offering a visit will very likely to be push a repair or to fob you off, you are entitled to find your own independent person to carry out an inspection and should it be in your favour claim the cost of the inspection from the retailer along side the refund.  

Unfortunately there is no easy answer here. Who is the retailer OP? 

reggie

Thanks. Sorry for delay in replying - waited to hear from store who have now replied to our formal rejection.  They haven’t acknowledged our rejection as such-  they say they are waiting for the report (authorised by Lazy-boy) and will go from there. Reviews of the Emmiera group (where technician is coming from) don’t fill me with confidence as they appear to usually find in favour of store/manufacturer. I think if this happens we will look at getting an independent report as if we go down the credit card route I suspect we will need that. 

reggie

Update. Technician came and agreed all seat cushions were different levels of firmness and the material should not wrinkle. Said he would report back and discuss idea of re stuffing seating - but wouldn’t book anything in until store had contacted us. Can’t say I like the idea if the sofas being unstitched and repaired so think we will reject. This all assumes the technician report matches what he said. 

Silver_Shark

Do you have you a copy of the email stating your right to reject within 30 days? If so use that option, don't accept a repair.

reggie

Yes - we emailed and attached the example letter that Which produce stating our intention to reject. This was emailed within the first week and to make it formal after our initial emails. We have copies of all emails and replies,  so as long as the technician report aligns with what he said to us, then we will reject. No sofas for a few months and the concern of where to go now - but better than this discomfort! 

the_lunatic_is_in_my_head

They obviously can't force their way into your house to repair a sofa, they will try to get you to accept but you have rejected, they have a "report" saying the goods do not conform so simply stand firm.

They should refund you within 14 days of them getting the report, if they don't then send a letter before action. 

If you paid on a credit card you can claim via Section 75 as well, although whether the store or Emmiera will give you a copy of the report is another matter, if they won't and you claim exclusively from the card company you'd likely have to commission your own report (and add the cost of doing so to the claim). 

Silver_Shark

the_lunatic_is_in_my_head said:

They obviously can't force their way into your house to repair a sofa, they will try to get you to accept but you have rejected, they have a "report" saying the goods do not conform so simply stand firm.

Absolutely this. You bought new sofas not ones that need repairing.

reggie

Hopefully it will be straightforward - maybe I’m being optimistic. I’ll update once we have any news. Thanks