Couch from Freedom Is Discoloured

Hi OzB

I recently purchased a couch from Freedom and the cushions have started becoming discoloured . After a technician came out and confirmed it was a fault with the foam inside I was offered $221 cash or $331 freedom voucher.

I was wondering what you would do in this situation and if you think theres any point in escalating any further as they can't replace the couch or the foam for us? Do you guys think I have a leg to stand on in regards to consumer law in getting a replacement couch or something of the sorts? We only just got it…

Thanks

Edit: Couch was $1399

Edit 8/3/22: They finally have got back to me after weeks… we escalated it and they are replacing the whole couch now. With a 17 week wait! Thank you everyone for your inputs :)

Poll Options

  • 7
    Take the $221
  • 2
    Take the $331 voucher
  • 90
    Escalate further

Related Stores

Freedom Furniture
Freedom Furniture

Comments

  • +1

    How old? Is still in warranty?

    • Got it about 6 months ago. Still under warranty but they don't want to replace anything and instead offer a voucher or cash and no way to go about actually purchasing the foam/defective parts on their own

      • +1

        They won't have a choice if you want to push it further. Sounds like a major defect under ACL (ie you wouldn't have purchased it had you known about the issue in advance) so the choice is literally yours as you can choose a refund or replacement. If they can't replace due to no longer having stock of the item the only option left is refund.

        • -3

          I'd debate classing a discolouration as a major defect, the couch still serves its purpose and functions as expected. A major defect would be a structural failure or collapse of a cushion.

          Discolouration would be a minor defect and Freedom would get an opportunity to rectify or reimburse.
          I don't think a full refund would be in order here. I feel like they should provide at least new cushions/covers. My guess is their supply chains are stuffed and getting new cushions would take months, if $331 voucher/$221 cash would cover the cost of replacement cushions when supply chains are rectified then take it.
          Else push them to supply replacements at a minimum.

          Although it should be standard for Ozbargain poster to post pics, there's multiple interpretations that can be at play here.

          • +1

            @Drakesy: ACCC exact wording for a major fault, first point says "it has a problem that would have stopped someone from buying it if they’d known about it". If you wouldn't buy a couch that you knew was going to self stain within 6 months then it clearly passes that test.

            • -1

              @apsilon: Correct, that is the wording, there is also the following

              it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time

              A discolouration wouldn't classify it as substantially unfit which would make this minor.
              Freedom should have the opportunity to rectify it in a reasonable time.
              My guess is they can't due to supply chain issues hence the partial refund.

              it has a problem that would have stopped someone from buying it if they’d known about it.
              it is significantly different from the sample or description

              I feel this is a bit open ended and very broad in terms of interpretation. I personally wouldn't classify a discolouration as a significant difference.

              Personally though i'd still chase them up to rectify by replacing the cushions or refund and not accept the partial voucher.

              • @Drakesy: My interpretation is that only one of any of those points need to be met for it to be classed as a major fault.

              • +1

                @Drakesy:

                and can’t easily be fixed within a reasonable time

                Didn't they say it cant be fixed.

              • +1

                @Drakesy: I agree 100% but its questionable whether this problem can be repaired.
                Maybe they can just replace the cushions.
                OP hasn't been very clear on whether they are scatter cushions or the backrest and seat cushions and whether these are separate from the couch itself or stitched in

      • +2

        No way would I take the voucher. They have to repair or replace.

      • Its practically brand new and it has a manufacturing defect to which have have already admitted by offering you some sort of compensation.
        You are definitely entitled to a repair (if that's even possible), replacement or a refund under consumer law but its their choice.

        • +1

          It’s the customers choice.

          When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.

          Source

          • @jackary: Slight discolouration is not considered a major problem.
            The couch is still 100% functional…

            The law states…..
            If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund.

            And OP subsequently has clarified…
            "The discolouration is noticeable sitting on the couch but not from afar."

            Not sure how they would "repair" the problem but its their choice

            • @HeWhoKnows: I disagree with you.

              It’s a problem that a ‘reasonable person’ would not expect to occur on a brand new $1400 lounge. Ergo, major fault.

  • +5

    I was offered $221 cash or $331 freedom voucher.

    It'll help if you give us more information like how bad the discolouration is. And how much was this couch to start with?
    If the couch was $399, I'd be taking their offer. If it was $3999, then no chance I'm taking that offer.

    • It was $1399.

      The discolouration is noticeable sitting on the couch but not from afar.

      • +4

        The worst thing to happen is that you know the rest of the couch is perfectly fine so it's a waste to throw out, but annoys the shit out of you every time you look at the discolouration.

        If it bothers you now, then seek to get a refund.

      • +1

        for now, maybe
        it could get worse

      • +2

        So in that case you're still paying nearly $1,200 for a faulty couch. Not acceptable IMHO.

      • No doubt it will probably get worse as the couch ages.
        The couch is not of merchantable quality if its already discolouring unless you have it placed directly in the sun in which case they could argue that its your own doing! Fabrics are never guaranteed to be colourfast, especially in direct sunlight.
        Sounds like they are trying to push you beyond the warranty.
        Start complaining to Dept of Fair Trading for intervention

  • +1

    You sound like you want to take it further.

    how much was the lounge? Does it look like a leopard or just a small mark?

  • +1

    wouldn't be accepting that offer.

  • +5

    Did Poppie sit on it?

  • Get a refund

  • +5

    I'd be pushing for either a replacement or 100% refund.

    Definitely an ACL claim if they refuse.

  • a technician came out and confirmed it was a fault with the foam inside

    What is the nature of the fault? Is the foam discoloured and shows through the lounge fabric?

    • The fabric on the cushion is discoloured and they reckon its the foam inside that is causing the issue and they can't actually replace the foam ..

      • +1

        An odd fault.

        Based on what you've advised, it looks like the fault is due to the materials used. If Freedom is unable to repair the fault and if you purchased the lounge brand new - not a second or floor stock or clearance item - submit a claim for a refund/replacement under warranty.

      • What do you mean by cushion? Is it just a scatter cushion or the seat or backrest?

  • +2

    I would like to know how foam inside a cushion would discolour a cushion?
    Just on face value they seem like completely separate things.

    Not left under extreme sunlight/fluids haven't been spilt on it?

    • +2

      At a guess I'd say the foam is releasing a chemical which in turn is staining the fabric. There was probably a fault in the manufacturing of the foam.

      • Hmmm, reactive foam.
        yum.

        I'd still think some sort of fluid would need to be involved to mobilise the chemicals though.

  • +3

    You would assume it's only going to get worse. I'd be pushing for a refund.

  • +9

    To give you an idea of customer service - I had a $1000 couch from A-mart that had flattened cushions within about 18 months of their 5 year warranty. They gave a credit voucher for the entire couch and I got to keep the couch.

    I'm not saying Freedom has to go that far, but a $221 cash offer for an issue that will likely get worse is pitiful.

    • Not sure how it got delivered by OP should take it back and dump it inside their store (if they could), demanding a full refund

  • +6

    I reckon those offers are unders. Freedom are known for lowballing.

    I would push for better compensation.

  • +2

    We haven't had good experiences with freedom's quality or returns - the arms on our couch are made of really thin chipboard under the fabric so crumbled within a week. The first one was replaced but when the second one did the same, they repaired it once then rejected every other request.

    So if I were you If I were you, I'd push Freedom on this now. If the discolouration has started, there's every chance it'll get worse - and the longer it's in your possession, the less likely a refund or repair is.

  • Next time, use a towel?

    • Lol… lets keep thing clean…

  • At leave half the cost of it back and Freedom supplying a nice throw to cover it up would be minimum for me.

  • Option: Do, what Pam would do…

  • They need to repair, refund in full or replace. If they refuse take it up with Fair Trading in your state.

  • You need to think that this will likely get worse. Think how badly they may be stained in another 6 months.
    Would you have bought the sofa if you knew it would get that bad? No. So they need to fix it (they CAN get new foam, they just don't want to) so they can either pay you an amount that you are happy with (such as 50-100% refund) or they can take the couch back and give you a full refund as it would be a major issue that you would never have bought it in that condition, and they have already admitted it is a manufacturing fault (that they are responsible for). Tell them what you want. If you want them to take the couch back and get a 100% refund then tell them thats what they need to do because this will only get worse with time.

  • +1

    Pitiful offer. I'd inform the store manager you want a full refund and buy a new couch elsewhere and watch them squirm.

  • +1

    Lounges are the centre piece of all living areas… the first thing people see is the lounge. If stylish and chic, it reflects your personality, taste, and education.

    So what do you have… a shit-looking fading couch, looking 10 years older than what it actually is.

    "Look mommy look at that person's black eye…. !"…. fact is people perceive blemishes as imperfections, and inferior, unfit, unhealthy, low, cheap, gutter trash.

    Every morning forever, the first thing you see is your shit lounge, and the day will come that you will no longer want to sit on it - it is the leper of the room.

    NO… tell them you want a full refund!

  • Shocking offer from them, full refund or replacement
    Nothing less

  • +1

    Any updates OP?

  • They finally have got back to me after weeks… we escalated it and they are replacing the whole couch now. With a 17 week wait! Thank you everyone for your inputs :)

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