Mislead about a sofa

MattMattMattUK

No sofa is going to hold half a ton (two 240KG people), even 240KG per seat is going to require something specifically designed for bariatric weights, if two people sat down at the same time with a drop 30cm that could place the dynamic load at greater than 2.5 tons, that would require a RSJ similar to that used to support a house when a structural wall has been knocked down. I do not think that they have misrepresented the load capacity of the sofa, I think you have misunderstood.

Ergates

Perhaps I've misunderstood but in the email to the OP from the salesman, the OP seems to be specifically advised that none of the trader's sofas will meet the OP's requirements:

"… I have looked into the ranges that we have on the shop floor in terms of weight limit
unfortunately we don't have a 3-seater range to allow for the required limit for both
individuals…"

To me, the key part of that sentence from the salesman is: "both individuals" - i.e. they don't have anything that could accommodate both people at the same time (i.e. a combined 440kg load). To immediately follow that by mentioning a sofa that has a max weight limit of 240kg implies (to me) that it would take one of the individuals, but not both. Especially as they make no mention of the single seat max of 120kg.

Emmia

As the OP hasn't been back since yesterday, I think this discussion is really just getting into speculation and interpretation.

The OP went to the ombudsman which sided with the furniture retailer. They've been offered a free repair, but fundamentally they've got a sofa which is unsuitable for them due to their weight - so even if they have a repair the sofa will fail again.

What the OP should do really is repair and sell the sofa, and then buy a pair of bariatric armchairs which are designed to be suitable for people at the weight of the OP. If they buy a sofa as well, this would only be for guests of a lighter weight.

Alternatively they could try losing a substantial amount of weight, but that's a long term task rather than short term fix.

sonearandyetsofa

If you tell a retailer exactly what the problem you're trying to solve is, and they come back with "we don't have a product that solves your problem, but this is the best we have", I don't think you can hold them responsible for the product not solving the problem - even if you change the scope of the problem. All they've done is shown you the highest weight limit sofa they have in stock, on the understanding that you needed to seat 2 people up to a total of 440kg and that sofa wouldn't do the job. "Best" doesn't mean "correct".

If we focus on the weight limit overall vs per seat part of the issue, you could look at what a reasonable person's interpretation of their statement would be. I'm pretty sure that's what small claims court would do. In which case, would a reasonable person think that a sofa on sale in a furniture shop (i.e. not a specialist store), that isn't specifically marketed as bariatric, that says it seats three people, would be able to support almost its entire total weight limit focussed on one seat? I'm biased because I sell furniture - but going off the responses to your post I'd say most people would say the same, that it's not a reasonable expectation.

A sofa or chair that supports a weight of 34-35 st isn't a standard piece of furniture, and you won't be able to adapt a reclining sofa to support that weight either. The frame, the springs, the foam and fillings, and the recliner mechanism and motors would all have to be thicker, heavier duty, firmer and more powerful. It likely won't even be comfortable for anyone who doesn't weigh close to that, because the foam density needed means it will be very, very firm.

All that aside, Himolla as a brand has an excellent reputation and a pretty good resale value. If I were in your shoes I'd do what everyone is recommending and let them repair it, then sell it and use the money to either buy what you need, or buy something else with the expectation that you'll have to replace it frequently and it's probably going to break while in use.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82003205#Comment_82003205

"… If you tell a retailer exactly what the problem you're trying to solve is, and they come back with "we don't have a product that solves your problem, but this is the best we have", I don't think you can hold them responsible for the product not solving the problem…"

This ^

I think it's clear that the OP was told that the trader had nothing that would suit the OP's requirements.

When the trader offered the Himolla as their best available option - but which still didn't meet the OP's requirements - I think the OP either misunderstood what was meant or decided to risk it anyway.

I don't think the trader did anything misleading.

What I find difficult to understand - and again perhaps I've misunderstood - is that if the OP mistakenly thought the sofa that he purchased would be adequate for him alone, where was his brother going to sit, if the original plan was for a sofa that would suit them both?

Okell

@Emmia - "As the OP hasn't been back since yesterday, I think this discussion is really just getting into speculation and interpretation…"

Although the OP only posted here yesterday they'd already been to legal beagles 7 days before.

Mislead about a sofa which then broke. - LegalBeagles Forum

IainwT

https://forums.moneysavingexpert.com/discussion/comment/82002392#Comment_82002392

I seem to recall trying, and finding some information about the sofa but nothing about weight limits. There was also nothing on the stores website about weight limits; had the information been findable I'd have moved on. Sitting on a dangerously under-specified metal-framed sofa sounds like the sort of thing that could get painful or deadly fast. When it failed, I was alone in the house.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82003705#Comment_82003705

But you got the information in the emails before you bought.

IainwT

https://forums.moneysavingexpert.com/discussion/comment/82003058#Comment_82003058

That was my thinking at the time; immediately prior he'd mentioned specifically the per-seat limit for the LaZBoy, and I'd asked a pair of questions. Do that have something that can do x or y. Sales said they had nothing that could do y (both of us), but it read to me as if they were presenting a "best" option that could do x (one of us).

It seems my failure to clearly ask if that was the case is an expensive lesson.

I believe their presentation of this as an option while withholding the material fact about the lower limit which should have been known to a sales person in the trade of sofas is somewhat "unsporting", but everyone seems to agree I can't win on that.

ThumbRemote

If you tell a retailer exactly what the problem you're trying to solve is, and they come back with "we don't have a product that solves your problem, but this is the best we have", I don't think you can hold them responsible for the product not solving the problem - even if you change the scope of the problem.

But that's not what happened.

OP asked for a sofa that will seat two people weighing 220kg each
Retailer said they couldn't do that, but could supply a sofa that supported up to 240kg
It transpires that the 240kg is spread 3x80kg, not as a single person.

When the trader offered the Himolla as their best available option - but which still didn't meet the OP's requirements - I think the OP either misunderstood what was meant or decided to risk it anyway.

No. They were only told it didn't meet the requirement of seating TWO people at once. Not that it wouldn't seat ONE person.

To recap, the words of the retailer:

I have looked into the ranges that we have on the shop floor in terms of weight limit
unfortunately we don't have a 3-seater range to allow for the required limit for both individuals.
Himolla 3 seaters would be able to support up to the weight of 240KG.
This would be any 3-seater recliner or static we have a selection on the shop floor to try.

They have specifically stated "for both individuals", not that it was unsuitable for a single individual.

The retailer were aware of the purchasers weight. They suggested a sofa that was rated to more than the purchasers weight, without disclosing that it wasn't suitable for the purchaser at all.

It's a clear case of mis-selling, probably covered by the Digital Markets, Competition and Consumers Act 2024 section 229: "the practice falls short of the standard of skill and care which a trader may reasonably be expected to exercise towards consumers" https://www.legislation.gov.uk/ukpga/2024/13/section/229

If you have the money I would take the retailer to small claims court based on this. If nothing else, I'd certainly send a letter before action to see if that stirs them into a better action.