Damaged DFS sofa

PeppermintTea1

How should I proceed?
I ordered 2 DFS electric recliner sofas in August, they arrived end of November. On delivery, one sofa was absolutely soaking wet - apparently a leak in the delivery van caused this. I refused delivery of that sofa due to the damage.
I had to chase DFS to get any updates, to be told it’s been fixed. I’ve asked for an explanation of how it’s been fixed, they said they would contact me within 72 hours. They have not contacted me.
I chased again, to be told by customer services it has been fixed and that would be drying it out and replacing any wires affected, they couldn’t tell me any specifics. They just made me book a re-delivery slot for the sofa. I asked again for the information on how it’s been repaired, being told I’ll get a response in 72 hours. Again this has not happened.
The sofa is due to be delivered in 4 days.  I’m not getting any response so have no idea how water damage has been repaired on the sofa and feel very uncomfortable accepting a water damaged electric sofa. 

Any advice would be greatly appreciated.

Woodstok2000

Did you order and pay for them in the store, or online?

Based on DFS terms and conditions you are entitled to either a refund, or a replacement or a repair of the damage.  Crucially that decision is up to you - the below is taken from their Ts&Cs.

Additionally if you bought it online, you have a right to reject it and get a full refund within 14 days of delivery regardless of any damage.

a) You have certain rights if what you have bought is faulty or damaged at the time of delivery. If a Product is found to be faulty or damaged at the time of delivery (or collection if applicable) you will have the following options:
i) A right to reject the Product. In this case it should be returned to DFS and a full refund of all monies paid including delivery charges will be made to you as soon as possible, usually within 14 days of rejection being accepted and using the same method as the original payment.
ii) A right to keep the Product. If the Product can still be used despite the damage, or you wish to keep the Product, usually you will be contacted to arrange for a repair by one of our technicians, or given the option of a replacement. If repair or replacement is not possible, the Product must be returned to DFS in which case you will receive a full refund including any delivery charges.

PeppermintTea1

We ordered them in store.
We’ve not been offered any options, just told that it’s been fixed. 

Thank you for T&Cs, which sounds like haven’t been adhered to their end 

Woodstok2000

PeppermintTea1 said:

We ordered them in store.
We’ve not been offered any options, just told that it’s been fixed. 

Thank you for T&Cs, which sounds like haven’t been adhered to their end 

So the 14 days distance selling doesn't apply, but the T&Cs definitely do.  Take your pick, but if you ask for a replacement you may want to think about how you would know that the replacement seat is a new one, and not just the original repaired on.

Alderbank

Woodstok2000 said:

PeppermintTea1 said:

We ordered them in store.
We’ve not been offered any options, just told that it’s been fixed. 

Thank you for T&Cs, which sounds like haven’t been adhered to their end 

So the 14 days distance selling doesn't apply, but the T&Cs definitely do.  Take your pick, but if you ask for a replacement you may want to think about how you would know that the replacement seat is a new one, and not just the original repaired on.

I think perhaps that whether each component of the sofa has been repaired or replaced isn't really the question.

What matters is whether in the OP's words it has been 'fixed', which is a good choice of phrase.
Legally the term is whether it now conforms to contract. 

Conveniently the OP will have the other sofa to compare it against when it comes back.
If both sofas look the same, feel the same in use and all the electrical and mechanical parts work the same then it's 'fixed' - both sofas conform to contract and DFS's craftspeople have done a good job.

However if it turns out that the 'fixed' sofa doesn't conform either immediately when it returns or in the future, the OP would at that point have the right to reject it for a refund as per section 24 of the Consumer Rights Act because DFS would have unsuccessfully attempted a repair and they are only allowed one try.

Ergates

Woodstok2000 said:

PeppermintTea1 said:

We ordered them in store.
We’ve not been offered any options, just told that it’s been fixed. 

Thank you for T&Cs, which sounds like haven’t been adhered to their end 

So the 14 days distance selling doesn't apply, but the T&Cs definitely do.  Take your pick, but if you ask for a replacement you may want to think about how you would know that the replacement seat is a new one, and not just the original repaired on.

If you can't tell, does it matter?

the_lunatic_is_in_my_head

Alderbank said:

However if it turns out that the 'fixed' sofa doesn't conform either immediately when it returns or in the future, the OP would at that point have the right to reject it for a refund as per section 24 of the Consumer Rights Act because DFS would have unsuccessfully attempted a repair and they are only allowed one try.

Just to add to the excellent advice here OP, assuming you ordered the two chairs together you may either reject the one that got damaged, or both:

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/3

122.This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

reject all of the goods (conforming and non-conforming);

reject all of the non-conforming goods (but none of the conforming goods); or

reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).

Woodstok2000

Ergates said:

Woodstok2000 said:

PeppermintTea1 said:

We ordered them in store.
We’ve not been offered any options, just told that it’s been fixed. 

Thank you for T&Cs, which sounds like haven’t been adhered to their end 

So the 14 days distance selling doesn't apply, but the T&Cs definitely do.  Take your pick, but if you ask for a replacement you may want to think about how you would know that the replacement seat is a new one, and not just the original repaired on.

If you can't tell, does it matter?

Maybe not, but I was thinking about a sofa with a lot of electrics inside getting wet, and if DFS have just let it dry out instead of replacing those parts, how long will it last?  If it was me, I'd definitely be asking for a replacement and would want some assurance that it's a new seat, especially given how reluctant DFS have been to provide any details of the repairs so far.

Obviously if they deliver it and it breaks in future you can try for another repair/replacement/refund, but I would want to do everything possible to minimise that risk in the first place.