Defective sofa: what are my rights?

Q: I bought a corner sofa for €2,000, obviously expecting to get quality. Within three months, the middle section of the sofa was sitting on the floor. As soon as I reported the problem to the company, it sent a technician to my house to check it out.

The technician took pictures and said the company would be in touch to repair the sofa. This visit took place eight weeks ago and I have still not heard from the company. Naturally, I contacted the company several times and they kept saying they would keep in touch, but they never called.

The company has advertised on its website a five-year structural guarantee on all sofas, excluding everyday wear and tear. Can you tell me what my rights are and how to proceed? Can I ask for a replacement or a refund?

A: The Consumer Affairs Act clearly specifies that any type or kind of product purchased should be as described and fit for its purpose. From what you say, the sofa is not fit for its purpose since after just three months part of its structure collapsed.

The law also states that should a defect become apparent within the first six months from the time of purchase, then the trader must accept that the product was faulty at the time of sale and offer to repair or replace them. Should either of these remedies not be possible or practical, then the consumer is entitled to part or full reimbursement of the price paid.

Since the company seems to be dragging its feet to give you the remedy you are entitled to, I would suggest that you contact the Consumer and Competition Division on Freephone 8007 4400 and file a complaint so its officers can carry out mediation between you and the company. Should this not suffice, then you will also have the possibility to take your case to the Consumer Claims Tribunal.