When furniture orders go wrong
A furniture maker changes the terms of an order. Can the customer get their deposit back?
Furniture-related complaints rank relatively high among the most common complaints reported by local consumers. These complaints often involve a wide range of problems, including delayed deliveries, failure to meet agreed specifications, poor workmanship or disputes over non-refundable deposits.
A real case that was recently reported to the Office for Consumer Affairs concerned an order of a main bedroom from a local furniture supplier. The consumer paid the trader a deposit to secure the order, with the mutually agreed delivery date set for four months from the date of order.
The agreement included specific details regarding the type of wood to be used to manufacture the bedroom. However, a few weeks after the order was made, the trader informed the consumer that he would no longer be sourcing or working with the type of wood originally agreed upon. As a result, the bedroom furniture could not be manufactured as per the original agreement.
Since the trader was unable to fulfil the agreed terms, the consumer asked the trader to refund the deposit. However, the trader refused the consumer’s request, stating that it is non-refundable.
This case raises the question as to whether suppliers are entitled to retain a deposit when they are the party failing to honour the terms of the agreement.
The answer to this question is undoubtedly no. If the seller is unable to meet his contractual obligations, the consumer is entitled to terminate the agreement and request a full refund of any payments made, including the deposit. This is the case even if the sales contract includes a term that states that the deposit paid is non-refundable. Such clauses are considered unfair and a seller cannot enforce it.
However, to effectively exercise this right, it is essential for consumers to have evidence of the original agreement. For this reason, it is strongly recommended that sales contracts are made in writing and include comprehensive details about the order. These details should include: the type and description of the product, the agreed price, the expected delivery timeframe and whether additional services such as installation are included in the sale. Clear, written documentation helps protect both parties and greatly reduces the risk of disputes.
Consumers may request a free remedy if a hidden defect becomes apparent within two years from the date of delivery
Sellers may also fail to meet their contractual obligations if they do not honour the agreed delivery timeframe. To help prevent misunderstanding and strengthen their position in the event of a dispute, consumers should ensure that the agreed delivery date is clearly specified in the written sales contract.
To further safeguard their interests, consumers may also request the inclusion of a penalty clause in the sales agreement. Such a clause would stipulate that if the furniture is not delivered by the agreed date, the seller would incur a financial penalty for each day of delay until the delivery is completed. Such clauses provide a strong incentive for traders to provide realistic delivery timeframes and respect them.
In cases where the delivery date is not honoured, consumers have the right to cancel the sales contract and demand a full refund. However, before exercising this right, the consumer must first formally notify the seller in writing, granting a final, reasonable deadline for delivery.
If the seller still fails to deliver within this extended timeframe, the contract may then be lawfully terminated and the consumer can claim back all amounts paid. In addition to issues related to failure to deliver as agreed, another common problem encountered in furniture purchases is the delivery of faulty or defective items. If this occurs, the seller is legally required to offer a free remedy, such as repair, replacement or refund, without causing the consumer significant inconvenience.
However, consumers also have certain responsibilities. It is important that they report any visible defects promptly, ideally as soon as the furniture item is delivered and inspected. Failing to notify the seller in a timely manner could weaken the consumer’s claim.
In cases involving manufacturing faults, that is, faults not immediately apparent at the time of delivery, consumer law provides additional protection. In this case, consumers may request a free remedy if a hidden defect becomes apparent within two years from the date of delivery.
If a dispute arises between a consumer and a trader, the first step should always be to raise the issue directly with the seller. This allows the trader an opportunity to resolve the problem informally and without the need for further escalation. Consumers are advised to submit their complaint in writing, clearly outlining the issue, referencing any relevant agreements or documentation and specifying the remedy they are seeking.
If the seller fails to respond or refuses to cooperate within a reasonable time from the written correspondence, the next step is to seek assistance from the Office for Consumer Affairs at the MCCAA. The office can provide guidance on the consumer’s legal rights and obligations, and where applicable, may intervene to help resolve the dispute.
Consumers are encouraged to retain all relevant documentation, such as correspondence with the seller, proof of payment and any photos of non-conforming goods, as this will support their case during the conciliation process.
Odette Vella is director, Information and Research Directorate, MCCAA.