Faulty Couch...

rodneytrotter15

Looking for some advice here. I bought an L shaped couch two weeks ago from a nationwide shop. The day after it was delivered I noticed the seat on the L shaped part is completely broken and sagging, the couch wasn't cheap and I paid E1,400 for it. Just wondering what are my rights here. To be honest I really just want my money back as from looking at the couch it seems like it is poorly supported right under where it has collapsed...Am I entitled to my money back..Paid for it on my credit card....

foggy_lad

rodneytrotter15 wrote: »

Looking for some advice here. I bought an L shaped couch two weeks ago from a nationwide shop. The day after it was delivered I noticed the seat on the L shaped part is completely broken and sagging, the couch wasn't cheap and I paid E1,400 for it. Just wondering what are my rights here. To be honest I really just want my money back as from looking at the couch it seems like it is poorly supported right under where it has collapsed...Am I entitled to my money back..Paid for it on my credit card....

Repair or Replace or Refund is what you are entitled to as long as the damage was not caused through misuse.

A repair to this couch may not be possible to make the couch fit for purpose and reasonably durable so your next option for discussion with the retailer is a replacement with a similar or different couch.

rodneytrotter15

Thanks for the response....

Their "technician" just called. He told me he could take out the broken piece and replace it. I stated that I wasn't happy having a repaired couch that I paid so much money for and that I did not want it repaired. He said he will note that in his report as it was all the same to him as he's only contracted. He did mention that the company would want to repair it only. So I again stated I didn't pay €1,400 for a repaired couch. He did admit that the couch is clearly faulty or damaged.

Can I definitely insist on a full refund based on this ? Would be great if I could...

whippet

rodneytrotter15 wrote: »

Thanks for the response....

Their "technician" just called. He told me he could take out the broken piece and replace it. I stated that I wasn't happy having a repaired couch that I paid so much money for and that I did not want it repaired. He said he will note that in his report as it was all the same to him as he's only contracted. He did mention that the company would want to repair it only. So I again stated I didn't pay €1,400 for a repaired couch. He did admit that the couch is clearly faulty or damaged.

Can I definitely insist on a full refund based on this ? Would be great if I could...

once the repair is to standard and permanent the retailer has satisfied all their obligations to you.

It is up to the retailer to offer a Repair, Replacment or Refund .. they can offer any of the three. If you do not wish to accept the retailers offer you can choose to take it to the Small Claims Court, however, a judge would more than likely rule that the retailer is being reasonable and not make a judgment that you would like !!

slimjimmc

rodneytrotter15 wrote: »

Looking for some advice here. I bought an L shaped couch two weeks ago from a nationwide shop. The day after it was delivered I noticed the seat on the L shaped part is completely broken and sagging, the couch wasn't cheap and I paid E1,400 for it. Just wondering what are my rights here. To be honest I really just want my money back as from looking at the couch it seems like it is poorly supported right under where it has collapsed...Am I entitled to my money back..Paid for it on my credit card....

See Section 20 of the Sale of Goods and Supply of Services Act 1980.

Is the couch the very one you saw in the shop and did you get a chance to examine it beforehand? If it's another couch (wrapped in sealed plastic is a clue) then you might have a slight chance of repudiating the contract considering you complained about it's condition the very next day.

Sale of Goods Act, 1893, section 34 and 35.

20.—For sections 34 and 35 of the Act of 1893 there shall be substituted the sections set out in the following Table:

TABLE

Buyer's right of examining the goods.

34.—(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

Acceptance.

35.—The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or, subject to section 34 of this Act, when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller or when, without good and sufficient reason, he retains the goods without intimitating to the seller that he has rejected them.

foggy_lad

whippet wrote: »

once the repair is to standard and permanent the retailer has satisfied all their obligations to you.

It is up to the retailer to offer a Repair, Replacment or Refund .. they can offer any of the three. If you do not wish to accept the retailers offer you can choose to take it to the Small Claims Court, however, a judge would more than likely rule that the retailer is being reasonable and not make a judgment that you would like !!

The standard here though is brand new! I have rarely seen repaired furniture finished looking new or nearly new, most times it is very obvious that the item has been repaired.

In this case the seat which is a major part of this item has failed the most basic of tests as to it being fit for purpose and after only one day!

I would tell the shop you want a refund as you feel the goods are not of merchantable quality(Rubbish) and not fit for purpose and no amount of repair will change that.

Before you look for a refund you should seek the advice of your local Citizens advice centre and also download the small claims court forms or they can be got from your local Courthouse. The court Clerk will also be able to advise you on filling out the form.

whippet

If a single component has failed causing the symptoms as told by the OP and this is replaced the repair may be good enough.

Rather than running for legal advise and castigating a retailer let them attempt to rectify the problem as they are legally obliged and entitled to

Hank Scorpio

http://i42.tinypic.com/14id37m.jpg Sorry OP I couldn't resist Good luck getting it replaced

rodneytrotter15

I guess either way I am not going to settle for a repaired couch when I paid for a brand new one. Going to insist on a refund based on the below.


34.—(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

whippet

rodneytrotter15 wrote: »

I guess either way I am not going to settle for a repaired couch when I paid for a brand new one. Going to insist on a refund based on the below.


34.—(1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

just be aware that that section of the act does not entitle you to a refund. All it is doing is ensuring that you as a consumer have adequate time to inspect the goods and accept them.

While you have exercised this right (however the interpretation of a couple of weeks may or may not be reasonable) .. the seller also has the right to remedy the situation using one of the 3 Rs - Repair, Replace or Refund.

rodneytrotter15

The length of time that passed is minimal. I contacted them less than 24 hours after the couch was delivered and let them know it was damaged..

whippet

rodneytrotter15 wrote: »

The length of time that passed is minimal. I contacted them less than 24 hours after the couch was delivered and let them know it was damaged..

and that will go in your favor, however, you still have to allow the seller to fulfill his obligations. Should you decide not to accept the repair and take action in the small claims court, the judge make may a judgment in favor of the seller as you didn't allow him to rectify the problem.

What you should do is allow them to make the necessary repair, and then decide if the repair is to standard (take photos etc) and should you not be happy with it then you can take it further and look for either a replacement or refund.

dudara

I think whippet's response above is quite reasonable.