Display Couch delivered instead of new one

seandugg

HI,

Purchased a new couch last week for 1300 in a furniture store. Sales man told us we would be getting a new one out of the box and not a display one.

The shop then delivered the same display couch we viewed in store trying to pass it off as an "out of the box" couch. We noticed it was a display couch due to some minor markings we noticed in store.

After several phone calls the shop have since admitted we received not a new couch as promised but a display one as it was the last in stock.

In addition this there was minor damaged to the legs during delivery.

Should we be entitled to return the couch?Or request a partial refund?

Sleipnir

You're entitled to what you paid for i.e. a new couch and not a damaged one.
You're not automatically entitled to a refund, partial or otherwise.

If they have offered to send you a brand new couch then they are fulfilling their obligations.

jor el

seandugg wrote: »

Should we be entitled to return the couch?Or request a partial refund?

They should collect and replace the couch with the one you paid for. If they can't, or won't, do that, then you should get a full refund. If you agree to keep the one you have, you may be able to negotiate some sort of discount on the price you paid, but that's between you and the shop.

dudara

What have the shop offered to you?

seandugg

Thanks for the replies,

I have been bounced around between staff after after 3 or 4 calls during the last week. Keep getting promises of calls back and excuses, nothing helpful. During one call they told me I could get cheap replacement legs in a store 40 minutes drive away.


I am calling into the shop in person today so will report back

musky

I used to sell furniture.

If a display model is being sold you must be informed of such, asked to inspect the item and sign the invoice as the item has been 'sold as seen'.

this way you know what you are getting.

Discounts may or may not be involved, but in practice they are, this would vary from store to store.

Sending a display model in place of a new item is a breach of the sales arrangement you agreed.

unless you are happy with the sofa and want to keep it, i would do the folowing (this works, the place i worked in was dodgy, thats why i left)

go into the store with a witness, tell the salesperson that you wanted a new couch not a display model. (do not curse or threaten, be firm and stick to your guns)

they will refer you to a manager who will tell you that theres nothing they
can do.

reply saying that you want your money back as it isnt what you bought.

they will refuse, now this is what will work very quickly:

walk away defeated, but dont leave,

other customers will come in, when the salesperson goes to pitch to them interrupt and ask for youir money back, keep doing this, you will get a response.

(they cannot call the guards as its a civil matter)

essentially be a complete pain in the ass, they will pay you off - being nice and understanding will make them laugh at you.

remember its them who have f'd u around not vice versa

if necessary arrange to bring the couch with you - (this i know may be impossible but i have seen this shock treatment work.) the last thing the store needs is someone shying away potential customers

in the event that this doesnt work, the only alternative is the small claims court, most cowboys don't appear in the court so you win by default.

dudara

^^

Don't do that! No one consumers get treated so badly at times - imagine the sh*te some salespeople have to put up with.

Go talk to the manager in person. Ask for a refund/replacement/repair (as per your entitlements under Consumer Law). Let the manager make his offer.

Maybe you might be willing to accept a discount on the sofa - that's entirely up to you. It is not however, one of your legal entitlements.

Either way, tell them nicely that they have X days to sort this out, or you will be escalating the issue.

musky

sorry dudara, but i stick by my post, the op has been badly treated and ignored for the most part. - initally deceived, asked to drive 40 mins to get replacement feet, being bounced around with phone calls - absolute rubbish, they don't have to put up with it.
No wonder people buy up north.

I understand your concern for the staff, but they are responsible, i have been in this situation a few times and although i did not know that my customers were getting shop models, deliver or load them personally when i found out i knew i was partly responsible and therefore not only was i obliged to deal with the problem i also felt morally bound to keep up my side of the deal. Not all people give a damn about their customers and how the experience can affect them.

Remember that a lot of business esp in furniture is through word of mouth so satisfied customers are valuable esp in this day and age.

I state again that being nice and understanding does not work, i have worked in this industry and know what goes on behind the scenes.

The salesperson is getting a commission for the sale, it is in their interest to resolve the problem.

The op has effectively been robbed, if you had your wallet stolen would you politely ask the thief to hand it back?

This is a consumer forum.

ch750536

Consumer terrorism, I like.

jor el

If you're going back in today, go to the manager. Talking with sales personal is a waste of time, as they're not going to be able to do anything for you. If you're looking to arrange a replacement be sent out, or a refund and collection of the one you have, then it's going to a manager's approval.

As dudara pointed out, give them a definite time frame to resolve this, like 1 week.

Interrupting other sales, and making a show will not win you any favors. It may also go against you if it gets to a court situation. Be civil, but insistent. Just know you rights, that they have to repair, replace or refund. If they don't even attempt to do one of these 3, then you can take it further.

Zeppi

name and shame for the benefit of other boardies!

dudara

musky wrote: »

The op has effectively been robbed, if you had your wallet stolen would you politely ask the thief to hand it back?

This is a consumer forum.

Exactly, theft is a criminal matter, so therefore you would go to the police. In this case, this is a consumer issue, so follow the consumer law.

Speak to someone senior. Ask politely for your entitlement. Be reasonable and offer a set timeframe to resolve the problem. Otherwise you will file with the Small Claims Court. Be politely insistent. Make sure to deliver this notice in the form of a letter, making sure that you keep a copy and a log of all contact (including names, times etc).

As you have behaved correctly and given the shop every chance to sort the issue, the SCC is likely to side with you.

Act like an ass and things are less likely to go your way.

musky

Yes that will work eventually, but for those of us who are not doormats, there are other methods.

I don't want to get into a tit for tat dudara so I will agree to disagree

consumer law is like labour law - great in theory, but time consuming, slow and stressfull in reality.

The op was cheated and treated like a fool, the store dont deserve respect beacause it was not a genuine mistake, it was deliberate and they tried to pull a stroke.

I would personally not lie down on something like that, by all means give them an opportunity to rectify it but don't bend over.

I mentioned this post to a mate of mine who has the misfortune to work in pc world and he confirms that if you make a big deal over things they get resolved, in his store they even overlook expired warranties to satisfy irate customers., the 'wimps' as he puts it get fobbed off and put on the very long finger.

OP i hope it gets sorted soon, and you get to enjoy the sofa.