Scs Sofa Worn Out In 4 Months

[fionamc]

I recently purchased a Sofa from SCS Sofas in December i then went on holiday for a month and by March the Sofa was falling apart I took out the extended warranty + called them to come and examine it, on examination by the upholsterer he said it shouldn't do that, and it wasn't on just one cushion it was on all 4 cushions of both Sofas, SFS have offered to replace the sofa but we don't particularly want the same one and there is no others we like in the store are we entitled to a full refund or not?

[Monty2007]

I believe you would eligible for a full refund since the goods were not fit for purpose and you are within the 12 month statutory warranty period. If you bought it using a credit card you will also have extra rights and can force them to repay you if they do not conform.

They will try to fob you off so be assertive and don't take any crap.

[fionamc]

Excellent that's what I was hoping for, Yes I did pay on my Credit Card aswell, should I be entitled to a refund of Warranty aswell or is that not covered? as i paid about £200 - £300 for it

[blitz]

Grr 3rd time I have deleted this post, 3rd time lucky

First a comment on montys post
There is no statutory warranty period within the uk, a manufacture/retailer can set a warranty of any time period, and any limitations, they are in addition to your rights under the sales of goods act. Therfore you can't get a full refund from one. (statutory warranty afaik is an Aussie thing)

Onto the sofa

You would need to say that you reject the goods, and don't accept them, however this usually needs to be done within a reasonable amount of time, from delivery (i.e argos say a month, however this is upto the judge, and only the judge should a case goto court). However within 2 months, the goods failing it may be possible to get a refund in this case.

Ask how they can guarentee that the problem will not happen again, as it happened with both sofas, that as it has happened to both sofas, you have lost faith with the sofas, if they are breaking within 2 months they are obviously not of satisfactory quality.

Push a refund as much as possible, however 2-3 months (7 months really pushes it), does push the acceptance period slightly, this timescale varies from person to person on the boards, if SCS are happy to take 2-3 months, and not 7 you may just be ok.

Otherwise you would only be entitled to a repair/replacement, however if you did get a replacement, with a guarantee these have obviously been made with a higher standard, and they do go faulty. (Specially if it is both of them), you can rescind from the contract as more replacements are causing a significant inconvenience, you have lost faith with the product, they are not of satisfactory quality etc. It may be worth getting an independent furniture expert in if the goods look dodgy when delivered.

I do agree with the don't take any crap, push that they are both faulty, the workmanship is awful etc. However it may be the case that they have noticed this, and have retificied it.

[Monty2007]

From: Sale of Goods Act Quick Facts - DTI

Sale of Goods Act Quick Facts

Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

[Monty2007]

Q9. Must I accept a credit note instead of a refund?
It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.
• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note
• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.
• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

[fionamc]

But if they did offer a refund would they have to refund the warranty aswell?

[blitz]

Check the terms and conditions of the insurance, most of the time it is with an external company, and they will outline the refund policy in the terms. Sometimes you need to contact the actual insurer after 45 days.

Monty: not going to flood this thread with legal gargon, I just like to correct things, for others who view the threads for different cases. Feel free to check my previous posts for a full argument on when you can get a refund .

[fionamc]

Spoke to them just now they have advised that by Law they have to have a chance to repair or replace before they can refund is this true or are they fobbing me off?

[BLADES65]

I have a similar issue with DFS although i have my suite 18 months.

We bought a red corner suite November 2005.

We have noticed the red colour is wearing away on the seams and looks awful.

Called the store and today a man came out, he said he could touch the affected areas up to restore the colour but could not guarantee it will not happen again.

He said it often happens on the seams.

I refused the repair on the grounds that it would not be a permanent repair.

He said there was not much he could do as we had had the suite over a year. I told him that surely a leather suite is meant to last more than a year and mentioned the Sale of Goods Act.

He said he would report back to his store manager who would contact me.

No contact as yet.

I'm putting my complaint in writing to the store and head office.

Any ideas how long I should give them to sort the problem out and what should I ask for. Refund, New Suite?








Thanks

[blitz]

Make your own thread please. They can repair/replace the item, (they need to be given the opportunity to remedy the situation) if successive repairs fail, its only then you can demand a refund. Though how much of this damage is due to wear and tear (never been good with sofas).

To the OP, after a reasonable amount of time, in which you have kept the goods long enough to accept them, SCS would be entitled to replace the sofas and have the opportunity remedy the situation. Due to the time period it is at now (over 6 months) it goes beyond a reasonable time. However imo the 3 month barrier for a sofa is on the borderline. If you do like the actual sofa, it may be worth getting a replacement, as if the fault happens again you would be able to argue for a refund, as you have given them the opportunity and they have failed to sort it out.

[BLADES65]

Yes sorry for hijacking the thread.

However I would have thought 18 months a little short on time for what is, after all a £3000 leather suite, for wear and tear.

[Monty2007]

Hey Blitz, I appreciate you correcting me. I had it from a lawyer that for electrical items you had 12 months within which you can get the goods changed or a refund should they not be "fit for purpose", he was not correct or I misinterpreted it. I also just got a letter from Curry's saying that our 12 month cover was up so I assumed this was standard for all items.

I thought I would update my knowledge on this area and found the other stuff I posted.

We are all here to learn (well I am!).

[blitz]

Hey its cool, whilst most things have a one year warranty, they don't have too, and a warranty doesn't entitle you to a refund . The fact sheets are very good to learn from, and is what I read before going through the whole of the actual act (which takes a damn bit too swallow)

[traceyw_26]

hiya i have had a sofe from scs i got it in august 07 and the covers have worn 3 times, i was offered 200 to keep them as they were but said no. I wanted a refund i haven pushed for it but im finally getting one however they are taking a 25% usuage charge off!! so keep pushing for it and you should get it sorted.

[gyzmo]

I would hope a full year later, that it has already been sorted!