Hello, my name is Ben and it is my pleasure to assist you with your question today.
Did you give them specific measurements when you ordered?
So were you given the wrong measurements by the seller?
ok so I just need to work out if you were in any way misled about the measurements of the sofa?
As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).
When you purchase goods, your statutory rights say that you can expect them to be of satisfactory quality, as described and fit for their purpose. If they are not, you will have certain legal remedies against the retailer that sold you the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
As you are still within time to reject the sofa you can do so and advise them that you are doing this under the SGA because it is not as described - the product was described as being the same, yet it turns out it is not.
One issue would be if it was obvious that adding another arm would increase the size of the sofa. For example, if the existing arm obviously stuck out at the end, any reasonable person would have been expected to realise that adding the same arm on the other end would have stuck out too and added extra length to the overall size. So if something was that obvious, and considering the seller did not give you specific measurements rather than just a general description, arguing that they were acting in breach of the SGA could become a bit more difficult to prove.
Nevertheless there is nothing stopping you from writing to the retailer and the finance company and letting them know that you are asserting your statutory rights under the SGA and SGCR. Advise them that you are requesting a refund and give them 14 days to comply. Inform them that if they fail to co-operate you will have no choice but to commence legal proceedings to recover any damages that have resulted from this. Whilst you may not necessarily do this, it may put some pressure on them to act.
ok if that was the case it is better for you because you were given the impression that the size would not be affected so there is still an argument that the item was not as described
I cannot say how they work with their suppliers, that is for them and the supplier to agree on. When you purchase an item through a finance agreement, your rights which I mentioned above are against the creditor, not the seller actually so you would be going to the finance provider to advise them of the cancellation and the rights you are trying to apply. That is because the 'seller' in this case is not the shop but the finance provider
potentially yes, if you had a contract with them directly then they can pursue you but of course it does not mean they would be successful especially if you had a valid reason to reject/cancel
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?