Bought a Set from Amart Furniture. Missing Sofa

Hey,

Just wanted peoples opinions on this.

I bought this set recently: https://www.amartfurniture.com.au/packages/living-dining/kor… and was able to pick everything up today.

Upon collection, I realised that the Sofa was missing. I contacted the receptionist, who also looked at that webpage and said something similar to: "It does look like there is a sofa. Ill have a chat with the store manager to find where it is, then I will call you back". She has not called back so I was just trying to find some more information here.

After I finished putting everything together, I had another look at the webpage and realised it did not include a Sofa in the product description.

Now I am wondering, is that picture false advertising? A lay person would know that the plants/pictures/rugs etc is decoration, however I think that anyone looking at it would assume it contains the sofa pictured.

I had a look at the ACCC website and thought these paragraphs are relevant:

Fine print and qualifications
It is common practice for advertisements to include some information in fine print. This information must not contradict the overall message of the advertisement. For example, if an advertisement states that a product is ‘free’ but the fine print indicates some payment must be made, the advertisement is likely to be misleading.
It makes no difference whether the business intended to mislead you or not. If the overall impression left by a business’s advertisement, promotion, quotation, statement or other representation creates a misleading impression in your mind—such as to the price, value or the quality of any goods and services—then the behaviour is likely to breach the law.

Cheers,

Tech5

EDIT: My problem and arguing with you guys is not because I disagree with what you are saying. I agree that I should have read the description more carefully. I have stated that multiple times. Giving snarky replies like, why is the house not included, does not achieve anything.

I looked and read the 13 piece set which includes both sofas pictured. I then looked at the 11 piece which was $700 less and missing one sofa from the picture. I thought from then on that the smaller package had one less sofa and cost $700 less. $700 is a reasonable price decrease for one less sofa no? Yes if thought out properly, and in hindsight, I should have wondered what else was missing, as there was 2 less pieces, but I did not at the time. It is one of those cases where you see, but do not actually take it in and consider it.

EDIT 2: Amart has agreed to upsell to the 2x sofa package for the price difference which is all I really wanted. I am not trying to take advantage of them for a free or discounted set

Poll Options

  • 53
    False advertising
  • 238
    Not false advertising

Related Stores

Amart Furniture
Amart Furniture

Comments

            • -1

              @Tech5: That's for $2348.50 not $1699.00

              • +1

                @hawkeye: I still dont understand what your point is with all this. The extra money is for a bedframe I bought not part of the package. Legit, what is your point?

      • You have a wild imagination, and a profound love for ratios!

        • -4

          Then how did I already know he wouldn't upload it

  • +2

    Come on guys, the OP appears to have made an honest mistake. No need to rub it in!

    • +8

      The mistake part is fine. The failure to admit you're wrong, and start quoting laws that don't apply and disagreeing with everyone who points this out.

      • +1

        This. OP being unable to read is one thing. OP wanting to blame others for being unable to read is just ridiculous.

        • I did not blame anyone. Im simply stating that the picture is misleading. As I said, the 13 piece set contains 2x sofa in the picture, and both are included. I looked at that one first and thought that sofas if included in the picture, will be included in the set.

          • -2

            @Tech5:

            As I said, the 13 piece set contains 2x sofa in the picture, and both are included.

            And 13 - 2 = 11. Which set did you buy again?

            Maths! Isn't it useful?

            • @HighAndDry: As I said, Hind Sight is 20-20. I looked at the description of the 13 piece, it included 2 sofas. I looked at what was cheaper. An 11 piece set for $700 less and is missing a couch from the picture. I thought immediately that the $700 was accounted for by losing a 3 seater couch.

              In general you tend to post quite combative, unhelpful replies. Differing opinions I definitely would welcome, as seen above. But no need to be an (profanity) about it.

              • -4

                @Tech5: 13 - 1 = 12.

                I have very little patience for stupidity.

                • @HighAndDry: Get off your high horse. People make mistakes

                  • @Tech5: Yes. People do. I do. Most including myself don't then try and use ridiculous reasoning to make others bear the consequences of our mistakes. Quoting the ACL for your inability to read? That's pretty funny.

                    • -2

                      @HighAndDry: Can you explain why the ACL does not apply to pictures and only to words then?

                      • -2

                        @Tech5: Because the ACL looks at advertising as a whole - including the words below the picture.

                        • +1

                          @HighAndDry: If the picture was a standalone advertisement, then you wouldn't know the price, you wouldn't even know it's an add, nothing implies the products are for sale. All that information is in the rest of the page. The page as a whole is considered the advertisement, not just a section of it.

          • -1

            @Tech5: You can't count? You bought 11 pieces set right? Honesty you must be trolling

      • Did I disagree with everyone? Maybe you should read my replies before posting.

        "I understand people's opinions so far. E.g. I need to look more closely at the description."

        "I agree, the description itself makes it very clear. Thank you"

        I am purely asking for an opinion regarding the picture of the 11 piece and 13 piece sets

        • "I agree, the description itself makes it very clear. Thank you"

          The description that's right below the picture. Do you go buy a car based only on the TV ad too?

          • @HighAndDry: If the TV ad showed a sports car with Recaro seats and said, this is yours for $50,000. But then at the end of the ad, it says conditions apply. You have seen other ads before as well for different models with Recaro seats. And it is included in the price. You check the conditions for this particular model and it says Recaro seats will cost $2000 extra, for a total of $52,000. Then that is misleading

            • @Tech5: You're not familiar with the concept of options in cars I gather. This literally happens in every car ad.

              • -1

                @HighAndDry: If you saw a steering wheel present in the car ad, would you assume it is not included unless it specifically says it does include one? A sofa is a key part of a living room package

                • @Tech5: Hahahahahaha.

                  • +1

                    @HighAndDry: As I said. I agree the description is very clear. I accepted already way above when I wrote I should have read it more carefully.

                    • @Tech5: Do you also understand now that when a picture is accompanied by words, the picture itself isn't a standalone ad?

                    • @Tech5: then why are you here complain and arguing with people still?

                      • @JimmyF: Because I am asking if the picture is false advertising, not if the description is clear or not (which I already have accepted it is) It is other people who have changed the topic

                        • @Tech5: With that logic..I think you should get they house or apartment with you 11pieces set

                          • @fatz: No. You think you are smart or original with that. You are not

                            • @Tech5: Ah, but have you considered that the logic you're using you should also get included in the deal a sense of eerie emptiness, as if the person who lived there was scared of their own living area?

                            • @Tech5: Well if you think you are smart..I rather be dumb like myself. I did learnt how to read n count.

  • Anyone else wondering wtf a ETU is?

    • EnterTainment Unit?

    • +1

      Entertainment & TV Unit.

  • +1

    I purchased a heap of furniture from them, they had a promotion for interest free so decided to use it. Furniture got delivered and I have never received anything from interest free company, ever. Still haven't paid a cent except delivery fee, even called the interest free company and they said my account has nothing owing. Definitely not going to chase it up for them.

    • This one is a bit different because it is my fault regarding interpreting the website wrong. They didn't actually forget to give me something

      • It's also different because they charged you. They didn't actually forget to charge you.

  • I see where the OP is coming from. It sounds like OP read the advertisement as 'all this furniture for $x'. However, they did specify that it's 11 items, not everything.

    Always do research, read description, terms and conditions, etc before making a purchase. Companies have marketing campaigns to make something more appealing than what it is for you to purchase.

    Amart should have specified items that they stock, but isn't included in the package to prevent negative feedback such as OP's experience. A simple * Sofa not included +$700. (Providing that you actually read the description….)

    • +5

      Reading the product description before buying - when it's directly below the picture, doesn't seem like too hard a task. No research, or finding T&C's or deciphering fineprint needed, it's written there in very plain English.

      OP is the reason why on ads for $5 iPhone cases, there's sometimes a stupid note that reads: "phone not included".

      • I was talking about anything in general, don't just believe the headline. The new age of advertising and journalism, is to bait you in with the headline. Always do your due diligence.

        I agree in this instance it's self explanatory being 11 items, so read the description for what 11 items. OP stated that they didn't, which what my comment was aimed at. If they're not reading something that they're spending $1700 on, they're probably the target audience for the click bait clientele.

        a stupid note

        Having those stupid notes are for damage limitation, they're not there for you and I. You don't want a bunch of people purchasing without reading/thinking, and then leaving negative feedback in this digital age. It only takes a couple of clicks to buy something - no human interaction/conversation required and, when things go wrong, social media allows people to have louder voices.

  • I agree that it is confusing. How hard would it be for them to include a picture of each item separately? I see this kind of photo-baiting all the time… unfortunately it's a fact of life.

    I would try to upgrade to the set that includes the sofa.

  • +1

    You would have to be either dishonest or stupid to believe that the sofa came with the deal.

  • While I agree that the photo is ambiguous since it is a furniture set that displays furniture not included, it actually makes me MORE inclined to scroll down and read the description of what exactly is included.

    'Serving suggestion' photos have been used in marketing for decades so you can't really blame the company when you didn't take 5 seconds to read the spec sheet of what you were purchasing. The big drop in price from the 13 set you keep mentioning should've sounded alarm bells.

  • +8

    Don’t let the OP see an IKEA catalogue… imagine the carnage

    • "I assumed the family enjoying the KÖVÄRG would be included, too."

  • +1

    The picture includes the couch because a living room without a couch looks odd. Imagine having a picture of a living room, with a rug, TV and plant, and it's ok to have those in the picture cos it is obvious for these items to not be included in the deal, and then not have a couch because that might be potentially misleading customers - that would look pretty silly.

  • I think with any purchase like this you should at least read the description.

  • +5

    This thread title is misleading.

    We should all receive compensation from OP.

  • +1

    It clearly says …

    • Consists of a 7 Piece Dining Suite with Matte Black Rocket Chairs
    • 1x Buffet, 1x ETU, 1x Coffee Table and 1x Lamp Table

    Why would you think you'd get a sofa with this? Why not the painting, TV, plants, rug, cushions, windows, floorboards? Hell, why wouldn't they throw in the whole house?

    • If you are going to ask a question, look up at the same questions I had already answered. Or are you here just to be unhelpful.

      • +1

        I'm pointing out the ridiculousness of your original question. Seriously, I don't understand what could even possibly have gone through your mind in thinking you'd be getting a sofa as part of this package.

        The general quality of these forums is really starting to go downhill.

        • It is not ridiculous. Read the edit of OP.

          It definitely has gone down. One of the reasons is because people like you cannot be civil and helpful.

          • +1

            @Tech5: If you think this is uncivil, I would suggest thinking twice before you leave your house each day.

            And by the edit, I assume you mean the one you made AFTER my previous comments? Bit hard to consider an edit that hadn't yet been made.

            Anyway, thanks for the advice.

            • @Seraphin7: Of course. I am not calling you out on not reading properly. I am telling you to refer to the edit so I dont have to type it out again here.

  • +1

    This is the wrong website to look for sympathy on your mistake. Here is an example of how ppl react; are you serious ? Your considering purchasing a 11 piece ensemble and you didnt read the description? When I buy stuff I print out the advertisement and TCs read through both documents twice xreferencing with Australian consumer Law. Upon pick up I inspect each item individually for defects and anomalies with documentation. If any discrepancies I threaten legal action until I am compensated for more than my original purchase

  • -2

    Did you get the plants? No? Why aren't you complaining about not getting the plants either

    • +1

      I didnt go to a florist. Nor a real estate agent. Nor a spotlight store for cushions

  • The pricing on the sofas is pure stupidity.

    $699 for the 2-seater. https://www.amartfurniture.com.au/juniper-54834/
    $999 for the 3-seater. https://www.amartfurniture.com.au/juniper-54835/
    $899 for both the 2-seater and the 3-seater. https://www.amartfurniture.com.au/juniper-54836/

    There is absolutely no reason to sell both sofas together for cheaper than one of them individually.

  • Even using my small screen smartphone and your own link it clearly says:
    - Consists of a 7 Piece Dining Suite with Matte Black Rocket Chairs
    - 1x Buffet, 1x ETU, 1x Coffee Table and 1x Lamp Table

    Why would you think you'd get a sofa with this?

    • followed by

      If you are going to ask a question, look up at the same questions I had already answered.

      Because obviously the description on the site just once wasn't enough, better play it safe with the questions.
      :P

  • +2

    I can appreciate where you went wrong here, but I have to agree with the others, you definitely needed to take careful note of the description especially if you are spending that much money. You unfortunately made an assumption based on the images and the price that the cheaper of the two included a lounge. I would just move on and consider it a albeit frustrating but valuable lesson learnt.

    As for the ACCC I wouldn't consider the advertisement to be misleading since the image only depicts the items and is not an advertisement in itself, the text gives the description of the goods for sale which is where the true advertisement lies. If the image didn't match the products described than you may have a false & misleading claim.

    • I completely understand what you are saying, and it lets me know a differing way of seeing it. Thank you for a non-abusive and helpful response.

  • I suggest you take your ability to thoroughly read the ACCC website and apply it to the descriptions of all purchases you make in the future.

    The description clearly states which 11 pieces you are getting in this set, what other sets include for how much does not matter.

  • +2

    Amart has agreed to upsell to the 2x sofa package for the price difference which is all I really wanted. I am not trying to take advantage of them for a free or discounted set

    • flagged as time waster ^

      • How so? I specified very clearly that I was waiting for a call and would like some opinions in the meantime

        • Removed from list but put notice

          • @PAOK11: Sorry but I really do not understand what you are saying

  • +2

    Lotsa armchair lawyers and keyboard warriors out and about on this post. Must be that time of the month.

    • Don't be silly. Women lawyers don't exist.

  • The 13 piece set displays the couch identically and includes it. The 11 piece image mislead you.

    There should be massive mark up in that set (there needs to be for them to keep their doors open). Politely talk to the store manager about remedying the issue. Common sense should prevail. They should give you a basic, cheap 2 seater lounge or offer a full refund if you return the set. They should immediately take down that listing.

    Super Retail Group is stupidly brand aware and how much issues like this can cost the business in the long run. This is an opportunity for them. They should provide excellent service to you until this is resolved to make you a brand ambassador.

  • go get some legal advice, get a class action and we will all be happy to back and support ya, for the right fee

  • +3

    Everyone is going to get stuck into you here, and I'm a careful shopper so can't see this mistake happening to me, BUT, when comparing the 11, 13, 15 piece sets, I think the picture is misleading.

    • +2

      Thank you for your even handed response

  • when I first look at that ad my first response is also to wonder if the sofa is included. I then read the descriptions.

  • +5

    The ozbargain forums, normally a pleasant place for people with Microsoft paint drawings of car crashes and recommendations for cars, occasionally devolves into threads like this where OP posts a well thought out question, and is even respectful to people posting snarky responses. Still, despite this, he gets down voted over and over again, and the thread becomes like something you'd read on Whirlpool.

    I think we can be a better community than this.

    • where OP posts a well thought out question

      OP was arguing that a photo was an advertisement in and of itself, not including the description of the product directly under said photo.

  • +1

    This is akin to arguing that your breakfast cereal should come with free milk, because milk appears in ever promo shot.
    The ad was crystal clear. The problem is you dropped $1600 on an impulse purchase…without even scrolling!

    • No it's not.

      The breakfast cereal company isn't in the business of making milk for your cereal. Also, they couldn't pack fresh milk with the containers that breakfast cereal comes with. A reasonable person wouldn't expect to find milk in their box of cereal.

      Would someone expect that the furniture in a picture from a store that is selling a package of furniture, be included in that package? Perhaps. Scrolling to details etc is OP's fault, but false equivalency comparing apples with oranges is not an effective argument. There is enough room for doubt with this.

      Plus, most stores say "accessories not included". The Amart site does not say this. So there is even more cause for confusion.

      • You’re right, of course.
        I was being facetious.
        While they don’t say ‘accessories not included’ they do specifically state what IS included.

  • lol op fails to read the product details and specs and then blames false advertising.

  • The warning for me would have been how unrealistically cheap it would have been if it included the sofa.

  • I looked and read the 13 piece set which includes both sofas pictured. I then looked at the 11 piece which was $700 less and missing one sofa from the picture. I thought from then on that the smaller package had one less sofa and cost $700 less. $700 is a reasonable price decrease for one less sofa no? Yes if thought out properly, and in hindsight, I should have wondered what else was missing, as there was 2 less pieces, but I did not at the time. It is one of those cases where you see, but do not actually take it in and consider it.

    You're paying for the less expensive set (i.e. what you're actually buying), and it didn't occur to you to find out what's missing from the cheaper set? It's not as if it's hidden, it's right there!

    Like most people here, I don't see how this is even remotely "false advertising". The description forms part of the ad, in this case, it's simply a case of you not reading the description and got the wrong idea

    The information is all there:
    11 set
    * Consists of a 7 Piece Dining Suite with Matte Black Rocket Chairs 1x Buffet, 1x ETU, 1x Coffee Table and 1x Lamp Table

    13 set
    * Consists of a 7 Piece Dining Suite with Matte Black Rocket Chairs, 1x Buffet, 1x ETU, 1x Coffee Table, 1x Lamp Table and a Juniper Sofa Pair

  • Totally agree with OP that some of the comments on here are way too critical. He's asking for an opinion on whether the photo is false advertising, not whether he made a mistake, the store is trying to rip him off, whether he should expect to get a free couch from the store, whether he should have done better due diligence before purchasing etc.

    Tech5 - I think maybe you placed your question too low in the original post. It very much seems that lot of people haven't bothered to read the full post or your responses throughout this discussion. Many people assume you're having a whinge about being ripped off, not seeking views on whether the photo was misleading. Maybe next time lead with the key question first so that people who can't read more than three sentences can somehow magically comprehend what you're after.

    • He's asking for an opinion on whether the photo is false advertising

      A photo isn't advertising at all because it contains none of the essential information for an ad. Hell - you wouldn't even know that Amart was the seller going only by the photo.

  • Make sure they also give you the TV, 5x plants, painting, rug, 2x coffee table books, 5x vases, salt & pepper shakers, full set of floorboards, 3x large windows, 3x outdoor trees and one whole living room.

    Without those included in the deal, they have completely cheated you.

  • Read carefully. Just like in school.

    Ozbargain is not the place for sympathy. More like adding fuel to the fire lol.

  • +1

    You made a mistake, asked a fair question, and got a lot of unnecessary abuse as a result, which is disappointing really.

    I don't think it's false advertising, but can imagine making a similar mistake and kicking myself afterwards!

    Glad you got a good result in the end anyway :)

  • I think that amart is definitely pushing the limits here. Its a piece of furniture listed in another deal. Sure the op didnt read it correctly, (well done to all the commenters who tried to put him down for not being able to count really proud of you) but i strongly believe Amart marketing department did this on purpose. They are trying to make somethign look better than what is actually included. Im sure if we had a big mac family meal showing 16 items in a picture and customers only getting 15 items that there would be complaints everwhere. Wheres my free onoins rings in the picture, oh sorry thats not included in the 15 for $25 meal. You should have read the description below for whats included. I wonder how long that marketing campaign would last.

    • I thought they are already doing this? i always miss one or two thing from me big mac order.

    • nothing wrong with the listing at all. Easiest way to sell anything is to show the product used in its natural habitat. How else would the average consumer envision it in their home?

  • Sorry OP, normally i am the Pro-people advocate even if it's 20/80 out of their favour, but in this case, the Amart ad looks fine. Its not everyday you get a furnished packaged including a sofa.

  • Wishful thinking (greed) vs false advertising.

    What happens if there is a hot model sitting on the sofa? Should come free as well?

  • I’m a marketing guy. It’s not maliciously misleading, there is no intent to deceive, but they should go to a greater effort to make clear what is/isn’t included. At this stage they should allow you cancel without penalty due to the misunderstanding.
    What is typically done these days is to fade out the items that aren’t included or have a text box overlaid.

    • Agree entirely.

      I feel this is on the lower scale of misleading, not intentional, just probably a bit lazy.

      The marketing people have to put together paper and online catalogues, no doubt under time constraints, which change regularly and have heaps of complex bits and parts and whatever.

      The word here for me is 'careless', both on the part of AMart and somewhat on the OPs part (which they have acknowledged). AMart has come to the party with a reasonable and fair solution. I doubt they'll change the artwork/description, etc for this, but perhaps an internal memo to their marketing folks may result in a slight change in future to alleviate such minor misunderstandings.

      All the vitriol and childish snark is disappointing.

  • +1

    I would've demanded the pot plants and artwork too. And the cushions.

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