ChatterBank1 min ago
Settee
We bought a leather settee from a retailer .
It's a two seater , both reclines .
At the side on one , where they both meet , the ' leather ' ( i say leather because i dont know if the material there is leather ) has cracked , showing what looks like gauze type material ,under the 'leather ' .
My question is - how long after the sale is it reasonable to expect the retailer to have any responsibility to do something about it , under the law .
I spoke to someone at the store and was told that they give a years gurantee , which i think he said was the manufacturers gurantee .
It's a two seater , both reclines .
At the side on one , where they both meet , the ' leather ' ( i say leather because i dont know if the material there is leather ) has cracked , showing what looks like gauze type material ,under the 'leather ' .
My question is - how long after the sale is it reasonable to expect the retailer to have any responsibility to do something about it , under the law .
I spoke to someone at the store and was told that they give a years gurantee , which i think he said was the manufacturers gurantee .
Answers
1 to 9 of 9
Best Answer
No best answer has yet been selected by Bazile. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
Youdon't say how long you have had it, or how much welly it's been given. But nonetheless, leather means the skin of an animal. You seem to be describing something bonded onto fabric, which is probably not leather. I'd have a conversation with trading standards - also let your sofa shop know you're having this conversation. If the latter offers you money in lieu then it's a good result. Otherwise let trading standards chew them over for selling non-leather leather.
You've not mentioned how long you've had the settee but, from the content of your post, it seems unlikely that it's a very recent purchase. Therefore you've legally 'accepted' it, meaning that you no longer have the right to a full refund.
Thereafter EU legislation requires that the retailer rectifies any problem which comes about due to an inherent fault for a period of 6 years. Such rectification can either be by making a repair or by providing a replacement. (The customer has the right to specify which of those options he'd prefer but the retailer can substitute the other if the customer's choice is not economically viable). The retailer could also offer a 'pro rata' refund but the customer is not obliged to accept it.
An 'inherent fault' is something that was wrong with the product at the time of purchase (such as the use of defective materials or sub-standard production and quality control methods). Unless there's clear evidence to the contrary (such as a knife cut where you put an axe to the settee or acid stains when you emptied a car battery over it) there's an automatic assumption that any problem arising within the first 6 months after purchase must be due to an inherent fault.
After 6 months is up, the customer must show that (based upon the balance of probabilities) the most likely cause of the problem is an inherent fault. (It's often suggested that a report from an independent inspector, paid for by the customer, would be needed for that purpose but simply challenging the retailer to offer any alternative explanation might actually suffice).
However it needs to be remembered that 'fair wear and tear' is not covered by the legislation, which accepts that (for example) it would be unreasonable to expect something like windscreen wipers to last for 6 years. A court might rule that the acceptable level of fair wear and tear on a settee bought for under £100 from a discount shop is different to that on one bought for £10,000 from Harrods.
'Guarantees' and 'warranties' are totally separate to your rights under consumer legislation. They are 'gifts' from retailers (or, more usually, from manufacturers) who can make them as generous or as limited as they like (although, of course, they can't remove your consumer rights).
Thereafter EU legislation requires that the retailer rectifies any problem which comes about due to an inherent fault for a period of 6 years. Such rectification can either be by making a repair or by providing a replacement. (The customer has the right to specify which of those options he'd prefer but the retailer can substitute the other if the customer's choice is not economically viable). The retailer could also offer a 'pro rata' refund but the customer is not obliged to accept it.
An 'inherent fault' is something that was wrong with the product at the time of purchase (such as the use of defective materials or sub-standard production and quality control methods). Unless there's clear evidence to the contrary (such as a knife cut where you put an axe to the settee or acid stains when you emptied a car battery over it) there's an automatic assumption that any problem arising within the first 6 months after purchase must be due to an inherent fault.
After 6 months is up, the customer must show that (based upon the balance of probabilities) the most likely cause of the problem is an inherent fault. (It's often suggested that a report from an independent inspector, paid for by the customer, would be needed for that purpose but simply challenging the retailer to offer any alternative explanation might actually suffice).
However it needs to be remembered that 'fair wear and tear' is not covered by the legislation, which accepts that (for example) it would be unreasonable to expect something like windscreen wipers to last for 6 years. A court might rule that the acceptable level of fair wear and tear on a settee bought for under £100 from a discount shop is different to that on one bought for £10,000 from Harrods.
'Guarantees' and 'warranties' are totally separate to your rights under consumer legislation. They are 'gifts' from retailers (or, more usually, from manufacturers) who can make them as generous or as limited as they like (although, of course, they can't remove your consumer rights).
The sette is like this
http://
The actual seat / armrest /back rest of the settee is leather .
The material at the side where the two seats meet is where the cracks are
http://
The actual seat / armrest /back rest of the settee is leather .
The material at the side where the two seats meet is where the cracks are
Mosaic's post wasn't there when I started my (very slow) typing. Nothing I've written above should be taken as contradicting Mosaic's post.
Indeed, I fully agree that if the settee was definitely described as 'leather' (and not, for example, as 'faux leather' or 'leatherette') then your later discovery that it's made of something else gives you rights which are additional to those which I've just written about.
If you were offered a leather settee but provided with a non-leather one, you've never legally 'accepted' the product (since you weren't given the advertised product in the first place), meaning that you have the right to a FULL REFUND.
Indeed, I fully agree that if the settee was definitely described as 'leather' (and not, for example, as 'faux leather' or 'leatherette') then your later discovery that it's made of something else gives you rights which are additional to those which I've just written about.
If you were offered a leather settee but provided with a non-leather one, you've never legally 'accepted' the product (since you weren't given the advertised product in the first place), meaning that you have the right to a FULL REFUND.
I really must learn to type faster!
(Your second post wasn't there when I started my second one).
Clicking through to the relevant page (from your link) shows that the product is made from 'bonded leather' which is described here:
http://
So it is leather (of a sort!!!).
If you put 'bonded leather' into Google you'll find plenty of cautionary tales about the stuff!
(Your second post wasn't there when I started my second one).
Clicking through to the relevant page (from your link) shows that the product is made from 'bonded leather' which is described here:
http://
So it is leather (of a sort!!!).
If you put 'bonded leather' into Google you'll find plenty of cautionary tales about the stuff!
Buenchico
The link i posted is not suppose to be the actual tpye of settee and thus the type of leather , i bought .
I only posted it to show the style of settee , in order to indicate the location where the ' leather' has cracked ; i.e . where the sides of the two seats meet.
That's where i say i dont know if the material there is leather .
The link i posted is not suppose to be the actual tpye of settee and thus the type of leather , i bought .
I only posted it to show the style of settee , in order to indicate the location where the ' leather' has cracked ; i.e . where the sides of the two seats meet.
That's where i say i dont know if the material there is leather .
1 to 9 of 9
