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?