Ordering furniture for your home should be an exciting and positive experience, yet disputes can easily arise when delivery and payment conditions are unclear and not properly agreed upon before the conclusion of the sales contract. A recent case involving the purchase of a customised bed and mattress highlights some of the common problems consumers face when buying furniture.
Consumer complaint – a real case scenario
A consumer ordered a customised bed and mattress from a local furniture retailer. The items were delivered in several sealed cardboard boxes, without being assembled or made available for inspection.
The consumer was requested to pay the full €3,000 upon delivery, and was informed that a technician would contact them later to schedule the assembly of the bed. Due to previous negative experiences, the consumer refused to pay the full balance before being able to see and inspect the fully assembled bed.
Upon being informed about this refusal, the shop owner instructed the delivery personnel to take back the boxes. The consumer then proposed paying €2,000 upon delivery and the remaining €1,000 after the bed was assembled and inspected. The consumer drew the retailer’s attention to a clause in the delivery documents stating that customers must report any damage within three days of the delivery, failing which the seller would not be liable for any damage. However, the seller did not accept this proposal so the sales contract was not carried out.
Situations such as these raise important questions about when payment can be demanded, consumers’ right to inspect the goods delivered, and whether certain contractual clauses are legally binding.
Pre-contractual agreements and terms
When ordering goods such as furniture, it is important that payment terms are clearly agreed with the seller before the contract is concluded. Once the contract is signed, the terms become legally binding on both parties.
Accordingly, in the scenario outlined above, if the sales contract the consumer signed specified that the full price is payable upon delivery, the consumer is, in principle, obliged to pay the full amount at that stage, and a refusal to do so may constitute a breach of contract.
In view of this, when the installation of the furniture forms part of the sales agreement, consumers should ensure that a percentage of the total payment is reserved until after the furniture has been properly installed and inspected for damages. Any such agreement should be clearly stated in the sales contract to avoid possible disputes.
“Another common issue when purchasing furniture concerns delayed delivery”
How consumer law safeguards consumers
While paying for goods before assembly and inspection may be a source of concern for consumers, this does not diminish or limit consumers’ legal rights. If the delivered product turns out to be defective or damaged, consumers are entitled to a free remedy.
While the seller may include a clause requiring that any damage must be reported within three days, such a condition typically applies only to visible damage, or damage caused by accident or misuse. Other issues, including hidden (latent) defects, poor quality, or non-conformity with the sales contract, remain protected under the statutory two-year legal guarantee.
Therefore, in the real-case scenario outlined above, if the customised bed fails to function correctly or does not conform with the agreed specifications, the consumer is entitled to request a free repair or replacement. If such remedies are not possible or are not provided within a reasonable time frame, the consumer may instead seek a partial or full refund.
Cases of delayed or non-delivery of ordered goods
Another common issue when purchasing furniture concerns delayed delivery. To safeguard their interests, consumers should ensure that any verbally agreed delivery date is clearly recorded in the sales contract. Where a specific delivery date is essential and agreed upon by the seller, consumers may consider requesting a contractual clause providing for a penalty in the event of late delivery. In the absence of such a clause, compensation for delays is generally not recoverable.
If the agreed delivery date is not honoured, consumers have the right to cancel the sales contract. Before doing so, they must notify the seller in writing, indicating that the contract will be terminated if the furniture is not delivered by a specified date, thereby giving sellers a final opportunity to fulfil their obligations.
Should the extended deadline lapse without delivery, consumers may proceed with the termination of the contract and seek a refund of any payments made. It is essential to keep written records of all communication and agreements regarding the delivery issue to substantiate any claim.
In the event of a dispute, consumers may seek guidance and assistance from the Office for Consumer Affairs at the MCCAA on matters such as non-delivery, defective goods, or contract disputes.
Odette Vella is director, Information, Education and Research, Office for Consumer Affairs, MCCAA.
