Nattuzi Glasgow corner sofa damaged and seeking refund which they refused

[Tweedie85]

We ordered a corner sofa from Nuttuzi in Glasgow on 14 feb 23.

We had paid deposit in cash and advised it would be ready mid May. We received a phone call in April to advise the sofa was ready to be delivered and we had to pay the remaining balance . We paid this 15 May23, by card, and advised it should be a week for delivery . We disposed of our original sofa at this time but had not heard from the delivery company within the week.

I called at the end May for an update to be advised our sofa hasn’t been completed yet. I explained we had been advised it was but they stated they got us mixed up with another customer of the same name (a rare name) .  Our sofa was finally delivered after a few calls to them and my son was present for the delivery.  

The delivery driver called me and advised the sofa was ripped in the corner unit and had no legs with it. He was building it but we would be unable to use it until a technician  came out . I advised him I didn’t want the sofa left in my house if it was unusable. He took photographs, contacted his manager and took the sofa away.  

I contacted Nuttuzi by telephone and email on the same day to seek a refund. I advised I was not happy with the service, not keeping an unusable sofa in my house and concerned about the data breech with mixing  our details for another customer.  The manager and regional manager called and abruptly told us he would refuse the refund as he can have it fixed and redeliver within the next week. 

we refused and asked for a refund and told no and to sort this issue ourselves. 
 

can you please advise if we are entitled to a full refund? 

[dx100uk]

yes of course you are, unless this was to a specific customer design and not one in their usual 'range'

his reasons do not absolve your rights under the consumer rights act 2015

 

dx

 

[BankFodder]

You don't say whether you bought this online or you bought it on the premises.

Either way, I'm assuming that you paid either by credit card by debit card in which case you should begin a section 75 consumer credit act claim against the card issuer or else a chargeback against your bank.

[Tweedie85]

We paid majority of payment by cash 

[dx100uk]

what do you mean by cash, you went and withdrew money from an ATM? or had the notes lying around....?

then you went physically in to the store, made your ordered and gave the notes over when requesting it?

dx

 

[BankFodder]

And why did you pay by cash? And you say that you pay the majority of it by cash – what about the rest? It would be helpful if you would simply volunteer all of the details.

Also, you haven't told us whether you bought it online or on the premises. I appreciate that you went into the store with some cash but that doesn't tell us whether the original order was online.

[Tweedie85]

Hi , We were just married at the start of the, year, the money we got off friends & family was put towards the couch.

We went into the store to order and handed the cash over.

the the rest was paid with a visa bank card

[BankFodder]

It would also be helpful if you would tell us how much was in cash and how much was on the Visa card. I'm assuming that it is a debit card and not a credit card?

You said that the majority was in cash – but then you said that only the deposit was in cash. Are you telling us that the deposit was greater than the outstanding sum?

[BankFodder]

Is this the store?

Just a moment...

WWW.NATUZZI.COM

 

[Tweedie85]

£2500 in cash

£1050 in visa 

the sales women said we could leave a £500 deposit or pay wage ever we wanted at the time or ordering in store , we had the £2500 in cash so we put that down so we only had the £1050 left to pay when sofa was ready.

 

yes visa debit card 

 

yes that is the store

[Tweedie85]

We have received a call from Nuttuzi attempting to redeliver and said it was only the dust sheet ripped and the legs but it was not fit for purpose on the day of delivery.

Due to the hassle we still don’t want the sofa.

They are trying to arrange redelivery and offered compensation (not stated what compensation)

can we still proceed for a full refund here ? 

[BankFodder]

Yes.

Make sure that you put it in writing that you are not accepting the offer. Tell them also that if the driver turns up, that you will refuse the delivery. Make sure that you have this in writing

[Tweedie85]

Thanks , I have already sent two emails seeking the full refund.  I will follow this up after the phone call today 

[Tweedie85]

@BankFodder @dx100uk  I have had 3 calls from Nuttuzi to attempt deliver which I refused . I have now received this email refusing refund 

In relation to the concerns, you have raised :

It is accepted that the feet were left off the delivery van in error. This was something that we could easily have rectified had you allowed the delivery team to return that day to affix these.

It is accepted that the dust sheet was torn. This is something that does on occasion happen. The dust sheet is designed so that when access to the underside of the sofa is required it can be easily removed and replaced. The dust sheet is not an integral part of the sofa and the fact that it was torn does not render your goods of unsatisfactory quality or make them unfit for purpose.

I have reviewed the events leading up to your being contacted by the store for payment and I apologise for this mistake. There has however been no breach of data protection rules here.

 In the circumstances we cannot agree to refund your purchase price.

What I am prepared to do in recognition of the inconvenient caused is as a gesture of goodwill honour the offer of an allowance of £300.00 which Neil has made and to deliver your goods at the earliest date convenient for you.

[BankFodder]

They are probably wrong on the data protection issue – but the damage/stress you have suffered – if anything – is so little that I would leave it if I were you. Otherwise it simply looks as if you are up for a money grab.

Are you interested in the offer of 300 quid?

[Tweedie85]

We have since had to purchase a sofa from IKEA as we could not use garden furniture for any longer the £300 wouldn’t cover this cost . Do you not think we are entitled to a full refund anymore ?  Discrepancies in their email also that we were not offered for them to return on the same day it was a week before we were told a technician had fixed the issue and the legs where not in the delivery van the driver had checked this.

[Manxman in exile]

On 04/07/2023 at 11:56, Tweedie85 said:

We have received a call from Nuttuzi attempting to redeliver and said it was only the dust sheet ripped and the legs but it was not fit for purpose on the day of delivery...

 

2 hours ago, Tweedie85 said:

1. It is accepted that the dust sheet was torn. This is something that does on occasion happen. The dust sheet is designed so that when access to the underside of the sofa is required it can be easily removed and replaced. The dust sheet is not an integral part of the sofa and the fact that it was torn does not render your goods of unsatisfactory quality or make them unfit for purpose...

What do Natuzzi mean when they refer to the "dust sheet"?

Are they referring to the actual fabric covering of the sofa itself, or do they mean a temporary dust sheet put over the sofa to protect its fabric covering during transport?

If the former then I think you still have a remedy and you might even still be able to exercise the short-term right to reject.

When was the sofa originally delivered?  And was it returned on the same day?  And I presume Natuzzi still have it in their possession - it hasn't been returned to you yet?

 

 

 

[Tweedie85]

The dust sheet as in under the sofa but it was my son that was present when they delivered and the delivery driver called me to advised the couch was ripped and he hadn’t seen a rip like that before  . there were no legs so the delivery company where unable to build the couch so we told them to take it away on that day and they still have it 

[Manxman in exile]

Ah.  So it's neither of the things I thought it would be...

Assuming that the torn dust sheet and missing legs meant that the delivered sofa did not conform to contract (eg it was not of satisfactory quality) I think if I were you I'd be arguing with Natuzzi that when you

On 25/06/2023 at 17:56, Tweedie85 said:

... contacted Nuttuzi by telephone and email on the same day to seek a refund...

you were exercising your statutory right under s20 and s22 of the Consumer Rights Act 2015 (legislation.gov.uk) to make a "short-term rejection" of the sofa for a full refund, and that they should have refunded you then.  The legislation doesn't give the retailer any right not to accept your rejection when you exercise the short-term right to reject.  The retailer plays no part in it.

 

See what others (eg @BankFodder) think, but I'd be inclined to take the position that when you telephoned them to ask for a refund you were clearly exercising your statutory short-term right to reject the goods and you are owed a full refund.

If they won't play ball you'll have to consider suing them.  (I assume you do not want to accept the repaired sofa and their offer of £300?  You have to remember that it can always be a bit of a lottery if these things get to court - you can't necessarily predict with certainty that you would win)

 

[NB - all the above is based on the assumption that the torn dust sheet and missing legs justified your rejection of the sofa in the first place.  Obviously Natuzzi will argue that they didn't.  I can't say either way as I wasn't there...]

 

 

Edited July 13, 2023 by Manxman in exile

[BankFodder]

Yes you are entitled to a refund. What makes you think that you aren't?

[Tweedie85]

Just becuase they kept saying it was ONLY a dust sheet . Should I just reply to the email saying we still refuse the compensation and seek a full refund ? 

[BankFodder]

What is the dust sheet anyway?

Also you say that the feet were missing

[Manxman in exile]

See #17 and #18...

[Edit: it's the fabric under the sofa.  Usually plain hessian]

Edited July 14, 2023 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Anyway, as advised previously and more than one occasion, yes you can go for the refund.

Stop allowing yourself to be controlled by these people.

Start setting the pace and the structure of what is going to happen.

I'm not sure that we can say any more until you post a draft letter of claim