trading standards and faulty sofa
Discussion
Hey guys, im not sure if this is the correct section but here goes.
Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?
Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?
Thanks to "the cuts" Trading Standards doesn't really exist in the way it used to - they're more looking at bigger picture issues, counterfeit goods etc. They'll refer you to Citizens Advice.
There used to be Consumer Direct but the Government closed that down last year too.
You could try suing the supplier through the online small claims court service, MoneyClaimOnLine, but the outcome is very random.
There used to be Consumer Direct but the Government closed that down last year too.
You could try suing the supplier through the online small claims court service, MoneyClaimOnLine, but the outcome is very random.
Citizens Advice are now meant to provide the phone line advice that Consumer Direct did.
http://www.citizensadvice.org.uk/consumer_service
As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.
At this stage I would suggest a court would say that a repair is a reasonable approach.
If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.
Of course the court would expect you to do as much negotiating as possible before starting court action.
http://www.citizensadvice.org.uk/consumer_service
As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.
At this stage I would suggest a court would say that a repair is a reasonable approach.
If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.
Of course the court would expect you to do as much negotiating as possible before starting court action.
Mojooo said:
Citizens Advice are now meant to provide the phone line advice that Consumer Direct did.
http://www.citizensadvice.org.uk/consumer_service
As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.
At this stage I would suggest a court would say that a repair is a reasonable approach.
If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.
Of course the court would expect you to do as much negotiating as possible before starting court action.
using money claim online, I got a full refund for 8 chairs that after 7 months or so stained (they were described as scotch guarded but clearly weren't)http://www.citizensadvice.org.uk/consumer_service
As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.
At this stage I would suggest a court would say that a repair is a reasonable approach.
If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.
Of course the court would expect you to do as much negotiating as possible before starting court action.
I suppose it could be argued the sofa was either not fit for purpose ( sitting on ) , or not of merchantable quality in as much as it needed repair within a short time of purchase ( how long until first repair ? ) and now the same fault has occurred again .
Arguably , it is unreasonable and unsatisfactory to be expected to have it repaired every 3-4 months ; however , you would be seen to have been more than reasonable in giving them a second chance to repair on the strict understanding that they replace or refund if it fails before 1 year old .
If you write to supplier detailing this ; court would be likely to view you as having behaved reasonably in event of further trouble .
Arguably , it is unreasonable and unsatisfactory to be expected to have it repaired every 3-4 months ; however , you would be seen to have been more than reasonable in giving them a second chance to repair on the strict understanding that they replace or refund if it fails before 1 year old .
If you write to supplier detailing this ; court would be likely to view you as having behaved reasonably in event of further trouble .
do sagging cushions really make a sofa defective?
unless something has broken, or the sag is so bad you cannot sit on it then it's still fit for purpose and free from manufacturing defects, just perhaps not of the quality you had expected, which may or may not be reasonable when you take into account all factors
unless something has broken, or the sag is so bad you cannot sit on it then it's still fit for purpose and free from manufacturing defects, just perhaps not of the quality you had expected, which may or may not be reasonable when you take into account all factors
Despite what is said above you do not automatically get rights to return your goods etc for a six year period. Try doing that with a four year old car and you will not get very far unless warranty given by manufactureer applies.
Secondly - Trading Standards role is to enforce the law . This means things like prosecutions under Trade Descriptions Act ,for fraudulent trading etc. They are NOT there to act for individual consumers in their own civil claims for faulty goods. By all means report a crappy trader to TS but do not expect them to act for you - they have no legal power to do so.
Secondly - Trading Standards role is to enforce the law . This means things like prosecutions under Trade Descriptions Act ,for fraudulent trading etc. They are NOT there to act for individual consumers in their own civil claims for faulty goods. By all means report a crappy trader to TS but do not expect them to act for you - they have no legal power to do so.
jamie128 said:
Hey guys, im not sure if this is the correct section but here goes.
Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?
Have you tried dieting?Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?
HTH
tbc said:
sale of goods act covers you up to SIX YEARS under EU law
it is responsibility of the retailer
But UK law is better. It covers you for a period that would be deemed reasonable by a reasonable person. Sofas would generally be expected to last many years by a reasonable person. So that time period under UK law can be much more than 6 years depending on the product.it is responsibility of the retailer
tbc said:
swerni said:
tbc said:
sale of goods act covers you up to SIX YEARS under EU law
it is responsibility of the retailer
To do what ?it is responsibility of the retailer
The Sale of Goods Act, and all the iterations are UK law. The OP would not be entitled to a full refund, he would be entitled to a repair, or failing that, a proportional refund based on usage at the time of refund.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff