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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a sofa corner unit from dis in 2014 and to this

Resolved Question:

Hi I purchased a sofa corner unit from dis in 2014 and to this day we have had problems with it since day one 3 repairs and still not right
What are my rights what can I do
Can I stand my ground and say I want a replacement
This was a made to order item does that make a difference
I have gone along with them let them try to repair it but it not making any difference it fells they are now bidding their time till warranty runs out then I lost
If I let them repair it again and it still wrong where do I stand then
The store manager is coming to me next Wednesday so I need to know what I can do
Tony
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Were you offered a discount at anytime since buying the sofa, due the issues you have had with it?

Customer: replied 11 months ago.
No
Customer: replied 11 months ago.
For Ben Jones
No discount offered
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 11 months ago.
For Ben Jones
It was purchased from DFS Hedge End Southampton branch
Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you are too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a replacement because the repairs have been unsuccessful. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can take should they refuse to resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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