DFS... some advice please?

[jem_bob]

I've put this question into 'Shopping', but it's causing me alot of stress, so I figured it maybe constituted 'Body and Soul' too.
I wish I'd never bothered with them! They promised us our sofa would be with us in no more than 6 weeks and it was likely to arrive in 4. It came yesterday after 7 1/2 weeks and it's the wrong one! We ordered a sofa that ordinarily comes with patterned cushions and a patterned trim around the bottom. We wanted it plain black and was told by the sales assistant that they're made to order, so if we wanted it plain all over, it wouldn't be a problem. After being without a sofa in our flat for 3 weeks (spending every evening in bed!), it arrived yesterday with patterned cushions and the trim around the bottom. Not at all what we asked and paid for! We can't keep it that way as the pattern is cream and black, our living room is white and pink with patterned wallpaper, so it just looks cr*p. Spoke to a girl with a real attitude problem at DFS this morning. Said that she would order the plain cushions for us, but that the trim doesn't come in plain. This isn't what we were told when we ordered it, else we never would have bothered! The manager is going to speak to me tomorrow, but I got the real impression they were going to argue this out until the bitter end. My invoice says 'Plain Black' and 'Cushions to be plain all over'. So they clearly haven't delivered what we ordered. But in regards to the trim, it's our word against theirs. Any advice on where we stand with this? To add insult to injury, we didn't even get an apology. Do we have the right to argue for compensation? Thanks!

[yogasun]

Yes definitely. They have not fulfilled your order and if they've mucked up the cushions it's obvious that you are telling the truth about the trim. They will have to give you your money back if they cannot supply the sofa as they stated originally. Just my opinion !

[jem_bob]

That's the sort of answer I was hoping for! They have admitted that they've c*cked up with the cushions, but are now arguing that if we wanted the trim to be plain, we should have made a special request. This is exactly what we did! I have the invoice as proof, however past experience has shown that these sort's of companies will argue against you claiming it's our word against theirs (had a nasty experience with a carpet company a few weeks back). Do we have grounds to demand compensation? I'd like to demand we get a refund on the delivery cost and that they deliver it at the weekend when it is convenient for us. One last question, do we have the right to demand that we keep the sofa they have sent us (the wrong one) until we receive the correct one?

[jem_bob]

Keep using the word demand... this is how angry they've made me!

[gossipgirl]

hiya, we had our settee from dfs and were happt with our purchase so im so sorry youve been let down especially after waiting as long as you do for it to arrive! To me its plain and simple if it says PLAIN BLACK on invoice then that is what you shouldve had .. They say they will send some plain ones to you, but how long are you expected to wait for them?????? I dont know legally where you stand on the situation to be exact but if it was me there are 2 ways to go and that is 1} wait for the correct cushions or 2} send the whole thing back and demand a refund as they are not what you have ordered... you do have the right to do this.

[yogasun]

jem-bob I'm not sure about your legal right to keep the wrong sofa until they send the right one. Keep calm til you speak to the manager, he might be as nice as pie and agree to everything and it will take the wind out of your sails!. Good luck!

[jem_bob]

The new cushions have been ordered and they're going to phone me on Friday to tell me how long they'll be. I guess they'll be a good couple of weeks, as they're made to order. The cushions aren't a huge problem, as we've been able to turn them round, and have just the plain black back showing. Still looks rubbish, because you can see the cream around the edge, so we're looking forward to the new ones arriving. The main issue is the horrible trim around the bottom. It would require a whole new base unit to be made up and sent out to us. They are now claiming that they don't offer the base unit with a plain trim, but as you say we have it in writing that that's what we ordered and paid for. Do you think we would have the grounds to demand that we keep the wrong one whilst we wait for the correct one to arrive? We can't be without a sofa again for another 7/8 weeks!

[jem_bob]

Thanks Yogasun, didn't see your message before I wrote that. I was perfectly nice this morning, but the girl's attitude really got to me. She was very sarcastic and rude, so I'm hoping the manager will be better! We didn't even get an apology after they admitted the mistake over the cushions.

[redcrx]

what do you want by compensation? youre not out of pocket as such, the decision to dispose of your old sofa before taking this one was your own.

i agree that they should get you your correct order or refund you money but dont see what compensation they should offer.

you should certainly be able to ask for the loan of a sofa (doesnt necessarily need to be that one as all you need is a place to sit) until the one your ordered arrives

[yogasun]

If they don't offer a base unit with plain trim surely you are never going to get what you want as they aren't going to supply it ever. Not sure about whether you could keep the sofa but they will have to refund all monies and you would have to go elsewhere presumably. Wish I knew more Ethel isn't around to help. Sorry.

[jem_bob]

This is our first flat together and we didn't have a sofa before, as we both lived with our parents. We did not choose to dispose of the old one before we received the new one, because we didn't have one. We were assured by the sales assistant that the sofa would take absolutely no longer than 6 weeks and that it 'would probably arrive in 4, as business has been slow lately'. So we ordered it so it would arrive at the same time that we got the keys to the flat. I understand that these things happen and that it was late. But the fact that the order was wrong is unnacceptable. No we're not out of pocket, but we paid a lot of money and waited a long time for an item that wasn't correct when it arrived. We then didn't get an apology. Compensation as a form of Good Will is what I'm looking for.

[redcrx]

well all you can do is ask for perhaps a discount if they can give you the correct one, but chances are it may just be a discount voucher if anything.

[jem_bob]

To be honest I'd just be happy if they admitted their mistake, apologised and assured us that they would get us the correct one ordered. Also of course, we want to be able to keep the one they've sent, else we'll have nothing to sit on!

[redcrx]

well i think thats a fair enough request, but there wont be a lot you can do if they cant get what you want made.

good luck with it, i hope they sort it for you

[jem_bob]

Thanks everyone, don't know what we'll do if they can't replace it! Probably end up trying to dye over the pattern. Oh God, hope they can do something for us.

[cassa333]

What did you say when they delivered it? Did you ask them to take it back? And what does it say on your invoice.

Don't phone them again go and see them with your invoice (take a photo copy incase they try to take it)

If you have proof you aordered plain then that is what they have to provide or you (should) get your money back.

[whiskeryron]

I suggest you post this question in ''Law'' & see how you stand legally,also if you don't get satisfaction from these people tell them you are are going public with this & you will report the situation to ''Watchdog'' on the BBC.Ron.

[BigBishop]

Ours came in 4 weeks and is great!
Thanks DFS

[kira000]

One suggestion, if they say they cant make a plain base unit, rather than you be without a sofa completely, and them have to take a used one, back, is to suggest that they refund some of your money so that you can pay for the sofa base to be reupholsteredin a plain fabric by someone else.
Might be worth looking up furniture reupholsterer to get a feel for the cost and see if it is worth doing.

[jem_bob]

Thanks BigBishop... that's really bl**dy helpful.
We weren't there when it was delivered, my boyfriend and I could not take the day off to wait around for it to be delievered, as we don't work locally. We had my boyfriend's Dad let the delivery men in, and of course he didn't know that there was a problem. We only found out it was wrong when we got home at 7:00pm, by which time they were closed. Thanks Kira, I had thought of that and had a look at it last night. Looks like it could be an expenisve job, but as you say DFS should pay. If they can't do the base in plain, then that is false advertising and I shall do them with Trading Standards and Watchdog as well (thanks whiskeyron!). I'm waiting this morning for the manager to phone. Hopefully they'll just admit their mistake and fix the situation... really not in the mood for an argument over this one!

[what..the?]

I would say you are def in the right and with the invoice stating 'plain trim and cushons' you have the proof.

My advice is to not take the cushon's offered if they are sent out to you because it might not legally look good further down the line. If you except them you are almost saying 'that is exceptable I'm happy now' which is not the case therefore, you have to wait out for the whole thing to be fixed or your money back. Send away any delivery man with the cushons, and tell family and neighbours to do the same.

I think the best think to do would be to get on the phone or internet and get free advice from citizens advice, or consumer direct. Citizens will probably recommend consumer direct anyway so try them first they speciallise in helping with this problem. You can go online with them and fill out a form telling them all the details like company, when bought, for how much etc. And they will contact you back or you can ring them for one to one.

Good luck, your in the right and have the proof.

P.s Carefully take photocopies of the invoice so you don;t lose it. And if the sofa in question is on the website, print a picture off with info, and take a photo of your sofa for comparision.

PPs Just I thought did you see the sofa was wrong when they delivered it? And did you still sign for it? Does the delivery note state any small print regards faulty and incorrect products and signing for them the smalll print often states its your job to check before you sign. I still think your in the right, but I think you need to get your head round these facts as they way effect your claim slightly?