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6 weeks ago I ordered my Sofa from DFS to replace my small tatty one, that only 2 could sit on comfortably
Today I had the much anticipated sofa arrive, it was unpacked and I checked it over and all looked fine, then I slid it into position and that’s when I noticed how small it looked?
When ordering the sales staff had told me it was 203cm wide, but when I measured it, from arm to arm it was only 185cm? Where had the 18cm gone? I checked the order it was correct 'Carrie 2 seater' so called the store to ask if the order had been mixed up?
They told me there had been NO mix up and the order was correct and that I should expect difference's in sizes as all the sofas are 'hand made' to order.
After much discussion it turns out that the measurement given by the staff is from the edge of the overhanging cushions and not the arms themselves.
Having contacted the store - they say there is nothing they can do as the sofa sizes are as described.
How can they get away with this, who decides where the measurements are taken from, can any one give me any advice?
All I wanted was a sofa to fill the space that all 3 of us could sit on comfortably; all I’ve ended up with is a new sofa the same size as the last one!
I dont know about where measurements are supposed to be taken from, but for them to say it is "as described" may be incorrect depending on what description was given, which is really the answer to your first question.
however, s. 13 of SOGA states that where a sale is by sample (and I think this qould qualify) then the item should match that sample.
Did you see the person measure it or did they read it from some label? Did you try testing the sofa in store? did you say anything that you could prove that you wanted it of x specification?
When I went to the DFS store, there wasn't the exact item on display they could only show me a larger sofa bed in the same range. The sales person read the dimensions out from a document he got from his desk the sizes. 260, 224 or 203. we chose the 203 as the gap we need to fill was only 210.
I think what really annoys me is that when we were in the shop we couldn’t make up our mind which sofa to buy, we had told the sales person the gap we were trying to fill (210cm) and it came down to a possibility of two. One (which was on display) at 196cm wide and the other (not on display) which was 203cm wide – we decided on the larger one. But like I’ve now come to realise the one stated as smaller is actually bigger.
Today I have received a call from DFS saying as a good will gesture they will take my sofa back and upgrade me to the larger version, but there is a catch.
They want me to pay the difference between the two (115 pounds, that’s fine) plus an additional 150 pounds (as they say that’s all they will get for my sofa), 265 pounds in total. If I ordered the larger one to start with in would have only cost me an extra 65 pounds as it was on sale at the time (one of DFS many sales).
My wife is so upset, I don’t know if I should just accept their offer and bite my lip and pay up – I just feel I’ve been ripped off!
"You have no rights if you select furniture which is too large or small for the room."
and
"You have no rights if you choose the wrong size or give the wrong measurements."
but it does say they must be "as described" - does thier vauge description of width qualify as a miss description?
Also do I need to direct any letters to the credit company (HFC Bank) as well as DFS, as I bought on interest free credit?
Well they are right on the first two instances - the law does not protect you from making a bad choice. If you order a 10 foot sofa for a 9 foot room then that is really a bad choice. if however you say to the assistant "Will this sofa be suitable for a 9 foot long room" and they say "yes" then they have applied a description.
In this case you did provide a measurement and a description - you said that it should fill a space of x. You relied on the description, as well as the judgement and skill provided by the assistant,
Here's the letter that I would write. check for typos, spellings etc and insert relevant details as necessary. Send it by recorded delivery (or you can email it to them if you want). If it does not work then a final letter will be needed which we can compose for you if you wish. Do let us know how you get on, and also report it to Consumer Direct.
Dear Sirs,
following recommendations from friends and colleagues, I decided to purchase a sofa from your [name of branch / place] on [date] at a cost of [price]. Unforunately, it seems my experience has yet to meet that of my friends which led to my custom with yourselves.
I explained to the sales staff that I wanted a sofa to fit a space of 210 cm long and we were provided with a couple of options - one of which was in-store and the other, which I ordered, that was not in-store, which was described as being 203 cm long. The other was described as 224 cm long which would have been too big for the space.
However, on delivery of the sofa, it transpires that the actual length of the sofa is 185 cm and not 203 as we expected. A phone call to your store revealed that the assistant did not measure from the arms, as we asked for, but from the edge of the overhanging cushions.
The sofa was to replace my old one which was too small for my needs, but I am now left with a sofa of the same size and not a bigger sofa that I was lead to believe I was getting.
I have recently been contacted by yourselves and was offered a "goodwill" exchange for the sofa I want which would cost me and additional £250, which I believe only £65 of which is the price difference between the two. I do not see this as acceptible.
Under section 13 of the Sale of Goods Act 1979, any item has to correspond with the description given. Such descriptions can be given by the customer or be provided by the seller. In this case, I state that I wanted the sofa to fill a space of 210 cm, and was provided with a sofa which your sales assistant, on whose skill and judgement I relied upon, described as being 203 cm when in fact it is not.
As such, it is clear that there is a breach of the implied term and as such I am entitled to a remedy which may include rescinding the contract, obtaining damages or being provided with a replacement sofa.
I am happy to accept a replacement sofa, and willing to pay only the difference in cost, otherwise [ONLY INCLUDE THAT BIT IF YOU WANT TO PAY], otherwise I shall require a full refund. I have spoken to Consumer Direct on this matter who have advised me that any replacement should be free of charge save for difference in price of the sofas.
I am sure you can see how your high standards have not been achieved in this instance and I therefore look forward to hearing your confirmation that, to avoid legal action, you will either provide a full refund or will replace the sofa with only the price difference to pay, if any.
I trust this is acceptable and look forward to hearing fom you within the next 10 days.
you're welcome! You could technically argue that you need not pay the difference - you asked for a sofa of x size a such a price and are entitled to that. Personally though I would be glad that you are getting the sofa you want. You haven't lost out really in that you are not paying more than what you would have paid had you chosen the other sofa in the first place.
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
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