MFC The Sofa Store - New sofa + chairs not what expected - Refund possible?

[jazztheman]

Looking for advice if I can request a refund?

I purchased a new reclining sofa and two single chairs from a local sofa company.

I paid a £100 deposit a few weeks ago and the remaining balance when the goods were delivered which was yesterday, all of the payments were made with a debit credit card.

When the furniture arrived it was not as expected, the reclining mechanism is very poor and will not stay up when weight (i.e. your legs) is applied to the reclining rest . The material on the sofa is awful and is marked and looks like the furniture is second hand and not new.

Before I tackle the Sofa shop I would like to find out my legal rights and if I could request a return for a refund.

 

Thanks

[BankFodder]

What is the name of the retailer please?

Did you buy the sofa online and was it made to measure or was it part of their catalogue?

 

[jazztheman]

MFC The Sofa Store, Swansea.

The sofa wasn't an online purchase, purchased at the local store after viewing in the shop's showroom. The furniture was ordered through their catalogue because a different colour was required.

[BankFodder]

Thank you. 

In that case you have no automatic distancing statutory rights. We will have to look elsewhere. 

I suppose you have checked their policies in respect of returning items ?

If there is nothing there then you will have to rely on the item not being fit for purpose. 

This will probably be more complicated because I suppose that mfc will be unhelpful. 

However I would start off by making a detailed list of the way in which the items are defective.

Let us see the full list and incorporate the list into a letter which you will send to MFC as your introduction to the problem.

I'm afraid that it is likely that you will have to get some kind of inspection carried out to confirm what you say but if you can do that then your chances of success are very high.

 

 

 

[jk2054]

If you viewed it at the local showroom did you view the exact unit you got or was it just another of the same style?

[Nicky Boy]

Topic Title updated.

[jazztheman]

I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture.

I suspect if anything a replacement will be offered although I would prefer a refund.

Few photos of the wear in the material, this is how it was delivered.

pix.pdf

[Homer67]

That looks used!

How did you pay?

By Credit Card hopefully?

[jk2054]

OP please asnwer the question I asked

[dx100uk]

6 hours ago, jk2054 said:

If you viewed it at the local showroom did you view the exact unit you got or was it just another of the same style?

 

1 hour ago, jk2054 said:

OP please asnwer the question I asked

 

8 hours ago, jazztheman said:

The furniture was ordered through their catalogue because a different colour was required.

 

[jk2054]

So he ordered it through the catalogue but did he see it at the local showroom before it was delivered or not?

[dx100uk]

nope, as the display model was not the colour the customer wanted.

but your question is totally immaterial anyway as custom built doesn't come into it.

dx

[jk2054]

if it was ordered online through the catalouge tho it would be distanced surely since he never saw the product he purchased only a different variant?

 

he hasnt actually seen the thing hes buying...

Edited May 23 by jk2054

[dx100uk]

it was ordered in the retailers store 

but your theory isnt relevant anyway, even if it fitted the case...

the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too.

dx

 

[jazztheman]

I paid for the furniture with a visa debit card so not sure if this is the same consumer rights as a credit card?

The furniture is without a doubt unfit for purpose because of the reclining mechanism not working correctly.

I suspect that I may be offered either a repair, a replacement or a credit note (that's if they accept that there are problems with the furniture).

Do I have to accept a credit note or can I insist that I want a full refund?

[dx100uk]

redress via a debit card is a chargeback to your bank.

a credit card payment makes a bank jointly liable under section 75 of the CCA for any faults .

neither are linked to the Consumer Rights Act 2015 which you should invoke NOW in writing ONLY as the furniture is unfit for purpose.

Once you've reported this to them invoking your consumer rights within 30 days - the ONLY option for them is a FULLL REFUND.

you can however IF YOU WISH, accept a repair, though if that then fails for THE SAME reason(s), again you can then totally reject and demand a refund.

your call.