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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10655
Experience:  30 years as a practising solicitor.
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I bought a sofa from Bo Concept in Glasgow around 18 months

Resolved Question:

I bought a sofa from Bo Concept in Glasgow around 18 months ago. It cost £12,000. I understand that the Glasgow shop is a franchise of the Danish Company.
About 4 -5 months ago I felt that the cushions were becoming uncomfortable and about 2 months ago I took a cushion in to the shop and they agreed the quality was unacceptable and that they would get them replaced.
The feedback from Denmark was that the suite was no longer made and so the cushions were not now available. They offered £400 compensation or to replace them with different (but similar) cushions, for which they would provide new leather covers. I was not happy with this as I was concerned about a proper leather match from the rest of the suite.
They then offered to get a firm to provide new bespoke cushion infill for the existing covers. However, I would rather have the suite replaced or a refund and want to know if I am within my rights to insist on this. They are refusing and if I can, I want to pursue legal action and know what the associated costs would be.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

From what you say, the suite was not of satisfactory quality when you purchased it as it should not have failed within 18 months. In terms of section 14 of the Sale of Goods Act 1979 you are entitled to reject the suite and claim damages which would be the purchase price plus any expenses arising from the fault.

That assumes, of course that a repair can't be effected and that as a matter of fact the leather couldn't be matched up. Your opinion on whether they would be able to do so is a different matter from whether they can actually do so and a court is likely to expect that you at least gave them the opportunity of trying the match or replacing the cushions before ordering a full refund.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

So what happens if I say it is not a satisfactory match and they say that it is?


 


Also, am I entitled to some sort of compensation for the inconvenience caused.

Expert:  JGM replied 2 years ago.
Were that to be th case you would have to go to court and ask the court to decide on whether you were entitled to reject the sofa outright. You would also be entitled to some compensation for inconvenience, yes.
Customer: replied 2 years ago.

If I do go to court what are the likely costs and if I lose, would I have to pay the other side's costs?

Expert:  JGM replied 2 years ago.
Can you confirm the cost of the sofa please?
Customer: replied 2 years ago.
£12,000
Expert:  JGM replied 2 years ago.
This would have to be in the ordinary sheriff court given the amount involved. Typically it would cost about £5000 on each side were it to run to a full hearing. If you win you get most of your costs back. If you lose you have to pay the other side's costs.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10655
Experience: 30 years as a practising solicitor.
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