Legal Advice: How to cancel a furniture purchase deal?

marco79

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Sep 18, 2008
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4,228
We purchased a lounge suite at a reputable chain store group on 6 July. We used their hire purchase facility and paid 10% deposit.

At the store I pointed out to a random salesperson that there are pen marks on the armrest of the lounge suite. I told the salesman helping us that we do not want the in-store set because of the pen marks. He assured us that there is stock at the warehouse and we will receive our set directly from there. 8 July the set was delivered. The 2 seater was carried in, I unwrapped it and it has the pen marks as seen in the store. I told the delivery guys to reload it as we don't want it. I called the store, the salesman wasn't available. I spoke to a manager who told us there isn't stock at the warehouse and they are expecting delivery of more lounge suites on 21 July, and we could expect our set 22 July.

I wanted to cancel the deal, but my wife really liked the lounge suite and wanted to keep the set with the pen marks. I sent it back and decided to wait the extra 2 weeks for a new set.

21 July I called the salesman, he says there is a delivery at the warehouse, but there is a power failure and stock cannot be accepted. 22 July the salesman wasn't in. I was told to wait until Monday because it was his deal. I again spoke to a manager who first said the salesman was sick, then said his mother passed. I asked her if she couldn't find out from the warehouse if our lounge suite has arrived and when we could expect delivery. She called me back saying the goods was only supposed to be dispatched from Durban on 21 July and it is expected to arrive in Cape Town by 25 July, which means we will get it 26 July.

I called the 26 July, still no salesman, spoke to another manager. The lounge suite is at the warehouse, they will collect it, and deliver the morning of the 27th.

Yesterday at 15h00 I call the manager. She assured me we will get the lounge suite, it is still a bit wet from the Masterguard they treated it with. The delivery guys arrive at 17h21 with the lounge suite. 17h29 they guy calls me with my wifes phone, he says they got the 2 seater inside but the single seater and 3 seater can't fit through the door. I ask him which door did they try to carry the goods in. He says the front door. I tell him it is easier to use the door between the garage and lounge. He says he measured the opening and I have to remove the legs of the lounge suite and put inside myself. He gives the phone to my wife and I tell her to let them try the door in the garage, as we have a bigger lounge suite which we have carried through that door many times. Or she should open the rear garage door and let them get access to the lounge through the sliding door on the side of the lounge. She said as soon as the guy gave her the phone, said they have other things to do and they jumped into his van and left. They left the 1 and 3 seater outside.

I call the store manager again. Explain to her what happened. Tell her we have 2 other easier options of getting to lounge suite into the house. And I call my wife to ask her brother to come help me put the lounge suite into the house. He arrives with his wife just before the delivery guys pitch up again.

18h20 they guys are back, put the lounge suite in the garage. My wife told them she opened the back sliding door and rear garage door and they must just carry the set around 2 corners and it's in the lounge. They guy says very rudely that she has wasted his time and the lounge suite is now under cover, he took a photo of it inside the garage and left. My sister in law called me and said he should speak to me. He rudely said his job is finished here and left.

It took my brother in law and his wife less than 5 minutes to get both remaining pieces into the lounge. I got home a few minutes later. When unwrapping the lounge suite I seen the bottom back brace of the 1 seater was broken. The store closed at 18h00 so I couldn't get hold of anyone. Now my wife is in shock because of the delivery guys rude behavior and vulgar language towards her. And she wants to get out of this deal asap. I'll call the strore at 9 this morning.

What do we do? Which clauses in the CPA can I look at?
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
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113,505
Do you have a lounge suite that doesn't have pen marks on it?

If the answer is yes, then you can't get out of the deal. The most you can do is lodge an offical complaint with the company and get the delivery fee reversed.
 

marco79

Expert Member
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Sep 18, 2008
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Yes it's a new lounge suite, but the back brace of the single seater is broken.
 

pinball wizard

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Feb 9, 2010
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Do you have a lounge suite that doesn't have pen marks on it?

If the answer is yes, then you can't get out of the deal. The most you can do is lodge an offical complaint with the company and get the delivery fee reversed.

Surely the store must replace/repair the broken seat though?
 

The_Mowgs

Honorary Master
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Nov 23, 2009
Messages
17,910
I need a new lounge suite so will you please let me know which store this is, even through PM will be fine.
 

marco79

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Sep 18, 2008
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Just an update. The store manager was at our place to assess the condition of the set on Thursday. Then wanted to see on Friday whether the set could have been damaged by us when carrying it into the house.

After her assessments she had telephonic discussions with her area manager and told the delivery guys to take the damaged single seater and swop it out at their distribution warehouse. The arrogant delivery guy said he couldn't do it on Friday and said he will do it on Monday.

I then told the store manager that we do not want this lounge suite and I will to the best of my ability use the CPA to get this deal cancelled. 2 minutes later the set was on the delivery truck on it's way back to the store. 30 minutes later we had our deposit and the deal was cancelled.
 

Fro

Senior Member
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Jan 7, 2014
Messages
891
It's great that the situation is sorted. I hate it when people can't do their job.
 

maumau

Honorary Master
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Aug 13, 2009
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20,267
Good manager that. Things go wrong but willingness and the ability to make them right is what counts.
 

Venomous

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Oct 6, 2010
Messages
54,768
it is damamaged on arrival.

you can insist that they replace the one seater. at their own delivery/collection cost
you can insist that another delivery person does this delivery/collection.

you are entitled to say that repair is not accepttable.
 
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