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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Two 2-seater settees were delivered and were not the quality

Customer Question

Two 2-seater settees were delivered and were not the quality we expected. Stitching was poor and dent marks in the foam on the arms are apparent. They sent a technician to view. They have sent us a report saying nothing they can do. The leather one we saw in the shop was of excellent quality, stitching excellent and no dents. We ordered one in a cloth material . It is a different shade and not the same quality as we saw in the shop.
HELP !
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

I need to know my rights under the sales and goods act, Furniture Village reply is unacceptable. What are my rights? Can I request a refund, replacement , is there 'by law' a mechanism to ensure this.

Expert:  Jo C. replied 2 years ago.
Does the report dispute that faults exist?
Customer: replied 2 years ago.


The answer was that you could be sent 20 of these suites and they would be the same. This is not the case withe the sofa on show in the shop. It clearly is a quality problem. They stated, having had the chance to review the findings I am unable to proceed further with your complaint, saying its the design of the sofa which causes natural creases , stitching was not mentioned.Can't do anything under the 5 year structural guarantee.


 

Expert:  Jo C. replied 2 years ago.

Well, it depends what the guarantee says. Guarantees are often not very useful. The guarantee is very unlikely to say 'satisfaction guaranteed' which is what you really want here.

You do have rights under the Sale of Goods Act to demand goods that fit the description and are fit for purpose which does include asthetics.

Whether or not this a fault is the issue here. Clearly they deny that and they will rely on their report

You can always get your own report but that will be at cost and it could say the same thing which would be pointless as you would be no further forward.

Or you can sue for the sum that you paid here

www.moneyclaim.gov.uk

They may settle to avoid going to court. Companies often do as its not worth the manpower.

Alternatively you could contact trading standards.

Can I clarify anything for you?

Jo

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