SCS sofa delivered, wrong colour

[madmathmo]

I just wanted to check my rights regarding this.

 

I bought some sofas from SCS around end of december this year, paid for in full, 6 weeks later they arrived, only to be the wrong colour, which clashed horrendously with the rest of the decor of our living room.

 

At the time we told the delivery driver that we would rather sit on the floor than keep these monstrosities in there, but he said he couldn't take them back. He phoned a few people back at his office and at the store that we purchased from and told us that there had been an administrative error on SCS's part.

 

So we signed for the goods, with an extra note on the delivery slip saying that the sofas were the wrong colour and the store had been informed, thinking we'd sort it out with the store.

 

When I phoned the store to ask about what my options were, the store manger flatly refused to give a refund saying something vague about legal reasons. He said that I could have a replacement that would take 8-10 weeks to arrive or some money off the wrongly ordered suites.

 

I really don't want to have to wait another 8-10 weeks for the new sofas, and definately do not want to keep the current ones.

 

Am I within my rights to insist on a refund in this case? As I don't want to wait so long for the replacement. Or is the store manager right?

[selinajayne]

How did you get on with this, SCS delivered the wrong coloured sofa to us today

[rebel11]

Hi selina

 

You should really start your own thread, have a read of 10,12 and 13 in my signature.

[Legislation]

Am I within my rights to insist on a refund in this case? As I don't want to wait so long for the replacement. Or is the store manager right?

 

 

You are absolutely right. They are absolutely wrong.

 

Whether or not there was an administrative error or they tried it on deliberately, the goods delivered do not conform to contract so were not accepted; you are therefore entitled to rescind the contract, as would a victim of fraud.

 

The legislation to cite is The Misrepresentation Act 1967, section 1

The mistake you made was to play along. They had no right, whatsoever, to force you to accept an unwelcome delivery.

 

You should charge them for the storage of the unwanted item, as well as the refund.