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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I have bought a sofa from a shop .it was delivered 4 days ago.

Resolved Question:

i have bought a sofa from a shop .it was delivered 4 days ago. i have a replacement hip and find it too firm and uncomfortable. do i have any rights to ask the shop to take it back and give me a full or partial refund.i paid by barclay card a week ago.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Does the store have a returns policy?
Did you test the sofa before you purchased it?
Kind regards
AJ
Customer: replied 2 years ago.

returns policy unknown but unlikely it is a large furniniture store with

a good reputation.yes i sat on it briefly but now find longer periods

uncomfortable as my other hip also needs attention

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately there is no specific legal right to demand a return of the goods unless they are either faulty or not what you believed you were buying. It is worth checking in the first instance whether the shop has a returns policy as they may agree to take it back although they are no required to.
If they refuse you could try and put some pressure on the them to accept the sofa back by saying it is not fit for purpose as you tested it in the store and needed something suitable to suit your hip replacement. The version you have been delivered is not what you believed you were buying and or tested in the store - and is therefore not fit for purpose under S.14 of the Sale of Goods Act 1979. They may possibly accept this argument.
If they offer to exchange the sofa (or offer store credit) I would recommend accepting this as a resolution because as I explained there is no clear legal requirement here for them to accept return unless the sofa is faulty.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

thank you. is there not a cooling off period under consumers right

legislation?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am afraid Cooling Off only applies to distance sales (i.e. on the internet, over the phone etc). It does not apply to goods purchased in a store.
If this is a large furniture chain you should be able to put enough pressure on them to resolve the situation, they are unlikely to want the bad press of dissatisfied customer.
Kind regards
AJ
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