wrong item delivered

[obsessed]

I ordered a three piece suite over 4 months ago and this was delivered last week when I was out. When I ordered this I made it quite clear to the salesman that I wanted a three seater settee with two manual recliners at each end and a cushion in the middle. What they have delivered to me is in effect a large two seater settee so if two people are using the recliners where does the third person sit?
I contacted them right away and they are telling me I have received what I ordered. This is not the case.
They are also telling me. (a). The suite does not come with three cushions. I was not told this. (b). The suite has been discontinued. (c). The salesman who dealt with me who incidentally had just started that week has left.
Can anyone tell me what my rights are. My order form states a three seater settee,and also the suite been paid for in full. I don't seem to be getting anywhere.

[rojash]

"My order form states a three seater settee"
They've breached the contract. Show them a copy of your order. Tell them to collect the suite and refund your money.

[DSJ]

Did the salesman give you any paperwork at the time?

[daffy654]

A 3 seater settee doesn't necessarily have 3 cushions.

[obsessed]

To DSJ. The only paperwork I have from the salesman is the order form showing "three seater settee".
The company are telling me I have a three seater settee although it only has two large cushions and in effect two recliners.

[rojash]

A seat consisting of two recliners cannot reasonably be described as a three seater settee.

[jelly baby]

Are the initials of this company c s l by any chance?

[cassa333]

Do they have a head office? or is it an independant furniture shop?

Did they have the one you wanted/ordered in the shop at the time. IE did you see it or was it an option on a different style?

Write back stating that a setee with a recliner at each end and no middle is not a three seater.


Points B and C do not matter a jolt. If it has been discontinued then you should get something back, either a refund, discount or a replacement. If the salesman has left.... well whether he has or not just means they have no proper paperwork and are trying to fudge the issue.

What was the price of the one you ordered comaired with the one you recieved?

[tonywiltshire]

Your basic protection is contained in the sale of goods act 1979 as amended, and possibly in the distance selling regulations (consumer protection 2000), where you have purchased without the opportunity of inspection perhaps from a catalogue, magazine or web-site, in which case you would have seven days in which to reject or accept the goods.
If the goods do not come under the DSR, they must still be of satisfactory quality (since the 1994 act satisfactory quality rather than merchantable quality), be fit for purpose and match their description, if they do not you are entitled to reject them, the reasons given for the substitution by the provider are not acceptable. Write and demand a refund which if not received within a reasonable time, say 30 days, you will commence action in the county court, write again after the 30 days and head your letter “Letter before legal action” and give them a further 14 days, if they have not made a refund commence action in the county court.
It may seem you are giving them a long time to pay but English law likes you to be reasonable. Keep copies of all letters.

[boxtops]

We have a three seater settee but it only has two large cushions - two recliners, however, is completely different. Three seats can = two large cushions.

Do you still have a copy of a) your contract which specified what you'd ordered, and b) the catalogue or similar where the one you ordered is shown, to prove the layout of what you thought you were getting?

[EDDIE51]

Did you buy this on a credit card ? if so get in touch with the card issuer and ask for a refund.