Damaged Sofa

J

justasking2

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I purchased a leather sofa in December 2011. I noticed a few months ago that both chairs had developed bald paches on the back corners. The sofa is a recliner it is not rubbing off the walls (infact in front of windows so even in recline do not hit off anything) I contacted the store and they said that they would send someone out to take a look, after many weeks and more calls. One of their delivery guys arrived and took pictures on his mobile. Again no contact so I called again to be advised that they were having two new chairs sent out to me. Never asked if this was ok just. So I said fine they were due out to me on the 3rd August. That afternoon they called to advise that the cahirs were stuck in a container in Waterford and would be out the next Friday (10th) Now the 14th I contacted the National Consumer Agency yesterday and they advised I was entitled to a full refund. I have mailed the company a letter to this effect by registered post. WHat are peoples thoughts on me actually getting the refund out of them ????
 
In the instance that you are getting replacements, that's a big step (usually it's in the order of repair, replace, refund).

Things like this move at the speed of evolution sojust keep hassling the store manager for delivery...but you may have complicated things by accepting replacement (not directly i understand) and now looking for refund... What do you want out of this?
 
It seems that there is no disagreement about the sofa being faulty and the vendor being liable to remedy things for you. The options open to the vendor are to repair, replace, or refund your money. The courts have traditionally taken the view that the vendor can choose the remedy and (generally speaking) is allowed one shot at each option.

I presume that everybody agrees that a repair is not reasonably manageable, so the vendor opted to replace. So far, so good.

The attempt to replace has not worked so far. The question is now one of reasonableness: can you reject the proposed replacement because it is a couple of weeks later than promised? Are they really letting you down, or are they the victims of circumstance?

In your position, I would hold back on escalating. I would give them written notice that unless they deliver the replacement within five working days, you will reject it and proceed against them for a refund.
 
Initally just wanted replacements I would say, but after the length of time and frankly looking at the over all quaity my concern is what if the same thing happens with the next set of chairs. The fact that when I purchsed then suite they could not get it out to me quick enough kept hassling me for a delivery date even thought when I paid for it I told them that I would not be ready for it for a few weeks as decorating the room. Yet they phone me conatantly. Yet now I have a problem they never call me I have to be chasing them all the time so my concern really is the long game and the quality I will be getting the secondtime round. I am not new to leather my first suite lasted 20 years as our main sofa and has now been reinstated into my childrens bed rooms . So I know how to treat an what to expect form it !!!
 
Padraigb said:
The attempt to replace has not worked so far. The question is now one of reasonableness: can you reject the proposed replacement because it is a couple of weeks later than promised? Are they really letting you down, or are they the victims of circumstance?

Yes they are letting me down by not even having the decency, to phone me and let me know what is going on. If there is already an ongoing issue I think that they should be keeping me fully informed not just stringing me along !!!
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