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    • Parkinator
    • By Parkinator 4th Dec 17, 11:15 AM
    • 2Posts
    • 0Thanks
    DFS Sofa - would't fit up the stairs
    • #1
    • 4th Dec 17, 11:15 AM
    DFS Sofa - would't fit up the stairs 4th Dec 17 at 11:15 AM
    My SO and I ordered a corner sofa from DFS, when we ordered it we stated that we live in a 1st floor flat and we think that getting the sofa in may be a problem. The Salesman said "its the delivery drivers job they'll get it in, even if they have to take the sofa apart". So in confidence that there will be no problems we went ahead and ordered the sofa.

    So a month later the sofa is being delivered and surprise surprise, it won't fit up the stairs, the delivery was labeled as "would not fit"(because the model we ordered doesn't come to pieces on delivery). So now we're having to hope that someone orders the same sofa, or we will have to PAY DFS to take the sofa back!

    Now I feel as if we shouldn't have to pay DFS to take the sofa back as we made them aware beforehand and they still allowed us to order a sofa that doesn't fit. I was hoping someone could help me with some advice on what to do now. Especially as we now have no sofa for christmas.
Page 2
    • JEN22
    • By JEN22 5th Dec 17, 3:55 AM
    • 427 Posts
    • 82 Thanks
    As a legal expert the responsibility is yours. They legally owe you nothing but the sofa you ordered.
    • Fosterdog
    • By Fosterdog 5th Dec 17, 7:55 AM
    • 3,807 Posts
    • 6,582 Thanks
    As a legal expert the responsibility is yours. They legally owe you nothing but the sofa you ordered.
    Originally posted by JEN22
    Actually legally they misrepresented the sale by saying it would come apart and would fit, yes OP has to take some responsibility for not measuring, and only telling them it was going to the first floor rather than around corners on the stairway but if they assured that it would fit then that forms part of the contract.

    However as it was all agreed verbally in person, if the salesperson denies saying that then it would be one personís word against anotherís. If the salesperson admits what they said or OP has some proof of it then they can legally cancel at no cost to themselves.
    • DaftyDuck
    • By DaftyDuck 5th Dec 17, 8:22 AM
    • 4,155 Posts
    • 8,658 Thanks
    As a legal expert the responsibility is yours. They legally owe you nothing but the sofa you ordered.
    Originally posted by JEN22
    I would make no claim to be a "legal expert...." , but I know enough to say this is utter, utter tosh.

    Not only will it depend on the verbal conversation, but also on the terms and conditions that were agreed, as well as the little thing called the law.

    An "expert" would not be so dogmatic as to say they legally owe you nothing. ... Or, if they were sure of their facts, they would offer a considered opinion as to why.

    OP: writing as a legal novice, if you are able to confirm any part of that conversation, you should be able to get it refunded. Alternatively, if it does come apart - and most do - delivery should be possible.

    Mind you, I'm no expert on sofas either...
    • cono1717
    • By cono1717 5th Dec 17, 9:46 AM
    • 688 Posts
    • 486 Thanks
    How is a sofa retailer supposed to know whether a sofa fits into a customers house? They don't offer a home visit service
    Originally posted by camelot1971
    Actually they do, common practice - so long as you are willing to wait they will send the delivery team around to check the model you are buying (or wanting to buy) and your access - if they say it will fit they will then release the order. If not you go back and select something else.
    • CardinalWolsey
    • By CardinalWolsey 6th Dec 17, 9:23 AM
    • 212 Posts
    • 190 Thanks
    The OP will likely never be able to "prove" that the salesman stated that the sofa would come apart for delivery purposes. However, there are other methods of getting the sofa in to your property. I had a friend who removed a window, and used ropes to hoist a sofa up and through, and then put the window back in place. Where there's a will there's a way.
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