ScS - Sofa ordered looks very different to swatch in-store

[itsjoerack]

Hi all,

 

I'm in a predicament with 2 x sofas that I have recently purchased from ScS and would love your insight if possible.

 

I ordered the sofas over the phone with the store manager and paid over the phone. I had, along with my daughter, been into the store that day to look at display sofas and had chosen a colour “ charcoal” by looking at a swatch. We wanted grey and decorated the lounge and re-carpeted (carpets from SCS too) according to a grey and lavender colour scheme.

 

When delivered into the lounge the sofas totally look brown. We have a large window and a porch door that lets in light so it is not a dark room. I refused to accept delivery.

 

I rang the Store manager who confirmed the delivery is what I chose and said that if I want to choose alternative sofas from ScS, I will be charged a 35% excess re-selection fee, which in this case would mean I would lose £429.

 

This fits with the discretion cited in Terms and Conditions that Store Managers can use when customers cancel an order on sofas bought in store. However, the Cancellation Policy quoted on the SCS website is different for Cancellations and Returns and states….. "This cancellation and Returns Policy only applies if you made your purchase with SCS online, over the telephone, and via our website. if you have placed your ordering one of our stores, please refer to the Terms and Conditions on the reverse of your order.”

 

Given I ordered theses sofas over the phone, including making payment, albeit to a Manager in a store , I would hope the policy from the website applies.

 

I want a full refund. I don’t want to choose alternative sofas that will take 8 wks to make and deliver.

 

I've included two images below - one of the sofa as it was delivered to my home showing the colour that appears to be brown rather than "charcoal", and a screenshot of the "charcoal" swatch that I was shown in the store that I placed my order based on. Tell me I'm not the only one who thinks this takes the biscuit?

 

(I have images but the forum isn't letting me post them as a newbie... but they can be found at the following address:)

 

imgur dot com/a/4h8Hi

 

What are my rights in this situation?

 

Thanks.

[BankFodder]

If you bought the sofas off premises in the way that you describe, and if they were not made to measure for you then you have 14 days from the date that they were delivered to cancel the contract. How long ago did you make the contract?

 

If you are within the 14 days then you should put them on notice in writing – just for the avoidance of doubt – that you are rejecting the contract. You don't have to give reasons. You are invoking the Consumer Contracts Regulations 2014.

 

If you are beyond the 14 days then you are protected under the Consumer Rights Act. Section 11 of the CRA 2015 requires that goods must conform to their description. I would say that if you chose a sofa on the basis of a swatch, then that describes the colour. If the colour is different from the swatch then they are in breach of contract. You are at liberty to reject the contract.

[itsjoerack]

If you bought the sofas off premises in the way that you describe, and if they were not made to measure for you then you have 14 days from the date that they were delivered to cancel the contract. How long ago did you make the contract?

 

If you are within the 14 days then you should put them on notice in writing – just for the avoidance of doubt – that you are rejecting the contract. You don't have to give reasons. You are invoking the Consumer Contracts Regulations 2014.

 

If you are beyond the 14 days then you are protected under the Consumer Rights Act. Section 11 of the CRA 2015 requires that goods must conform to their description. I would say that if you chose a sofa on the basis of a swatch, then that describes the colour. If the colour is different from the swatch then they are in breach of contract. You are at liberty to reject the contract.

 

Thank you very much BankFodder. I've been able to get a full refund today after a response from the store manager & head office, so thank you for your help!