Q: About two months ago my husband and I went to a showroom to buy a three-piece lounge suite, consisting of a three-seater sofa and two armchairs.
We tried most of the suites exhibited in the showroom and finally decided on one particular leather suite. Our choice was specifically based on the comfort of the sofa and the armchairs. So we ordered them and paid a deposit, mentioning that we had chosen the leather suite because of how comfortable it was.
A few days ago, the suite was delivered to our house. As soon as the deliverymen unpacked one of the armchairs I sat on it to try it. I immediately realised it did not have the soft comfortable feel as the one I had tried in the showroom. Furthermore, the armchair delivered was bigger, as when I sat on it my feet did not touch the floor, unlike the original one I sat on at the showroom. I therefore declined to accept the suite which was delivered to my house.
When I complained, I was called from the showroom while the delivery men and suite were still at my house and was told the suite looked different because it was brand new.
With regard to the height problem, the shop offered to change the legs. This lowering would ensure my feet would reach the floor, but would still not sort out the comfort issue.
I would like to know what my position is. Am I entitled to claim back the deposit paid, as there doesn’t seem to be an acceptable solution to this problem?
A: According to the Consumer Affairs Act you are entitled to a solution or compensation if the goods delivered to you are not in conformity with the contract of sale.
If the choice of your order was based on the sample exhibited in the showroom, then the suite should possess the characteristics, features and qualities of the goods the trader had shown you or held out as a sample.
If there is a discrepancy between the sample in the showroom and the one delivered, the law entitles you to either have these differences solved or to a replacement.
If neither of these remedies is possible or may cause you a significant inconvenience, legally you may be entitled to claim back the money you have already paid.