The Consumer Protection Act gives every product bought an “implied warranty” of six months. Simply put, that means consumers are entitled to expect something they’ve bought to “last”, in good order, for at least six months.
If it doesn’t, we can take it back and ask for our money back, or a replacement, or a repair. Our choice.
In some cases, the manufacturer’s warranty takes over from six months, for a further six months, or longer, but the terms are a lot less favourable to the consumer – the only remedy being a repair, in most cases.
Trouble is, we consumers expect some goods to last a lot longer than that.
Leather lounge suites, for example.
There was a time, not too long ago, when you knew exactly what you were getting when you invested in a leather lounge suite – a suite covered entirely in full-grain leather.
It was relatively expensive, but it was likely to last a very long time, and in fact, improve with age and wear.
That’s the impression that remains in many consumers’ minds when they think of leather upholstery.
But in recent years, the industry has found novel ways of slicing, manipulating and processing natural hides in order to make them go further, thereby making “leather” lounge suites cheap enough to flog to the mass market.
One form is “bicast leather” or split leather – a thin layer of leather, cut laterally from a hide, which has been coated with polyurethane and then embossed.
In some countries, including the UK and New Zealand, the use of the word “leather” to describe bicast leather is considered misleading, and therefore prohibited.
Because unlike genuine, full-grain leather, bicast leather will not develop that appealing leather “patina”, or suppleness, with age.
In fact, with use, the polyurethane layer is likely to crack and peel away from its backing, and I have a sizeable collection of photos sent by readers who have experienced just this with a suite they bought as “leather”.
Sadly, the deterioration happens well after six months, or even a year; it starts between three and five years after purchase, leaving the owner at the mercy of the retailer.
I believe that many retailers were themselves unaware of bicast leather’s relatively short lifespan back in 2005 or so, when their suppliers first started punting bicast suites.
Mr Price Home MD Arn de Haas said when the group bought bicast furniture back then, they understood it to be a genuine leather product.
But in 2008 the first complaints of peeling started coming in, mostly from humid coastal areas.
The following year, realising that it wasn’t the only retailer fielding bicast furniture complaints, Mr Price Home halted bicast sales and came up with a “compensation formula”, in terms of which those affected were offered a refund of the purchase price, minus 20 percent for each year since purchase.
I recently received an e-mail from a man – who does not wish to be named – who in January 2007 bought a R15 000 leather couch from upmarket furniture retailers Weylandts, in Fourways.
“Last year it started peeling slightly and I thought I had done something to it. Slowly, however, it started peeling everywhere,” he said. “I went back to the store was told that the couch is actually a bicast leather couch – which means it has a coat of PVC over the leather – and that the peeling was to be expected.”
The actual words of the client services manager, in an e-mail to the disgruntled customer, were: “With use (general wear and tear) the polyure-thane coating may start to peel; this is not considered a product fault.”
And given the age of the couch – six years – he was told there was no recourse. Instead, it was suggested that he get it recovered, at his expense.
Interestingly, at the time of purchase, the couch in question was not labelled as bicast leather, simply leather.
“My view is that the couch was misrepresented when sold to me and that, if Weylandts were aware of the probability of the material deteriorating to the degree that it has, they should have disclosed this to me when I made the purchase,” the complainant said.
“The state of the couch now is horrific, as it has pieces of PVC coming off daily. It looks like something I acquired on a street corner, rather than from one of the premium furniture stores in South Africa.”
I approached Weylandts for comment on this case, and on the issue of bicast leather in general.
Among other things, I asked whether the company was aware when the couch in question was sold, that bicast leather was a sub-standard form of leather, prone to peeling after a few years.
“No doubt most consumers would consider such peeling to be an unsightly symptom of a poor quality product, unworthy of their spend.”
Responding, Weylandts director Brad Westaway said the company’s range included both bicast and full-grain leather, “allowing our valued customers the opportunity to make an informed decision on what best suits their needs and pocket. The life expectancy of any product is dependent on quality of material used in production, amount of use/abuse and the age from manufacture. These are always governed by the price you pay, hence the expectancy and longevity”.
As for the R15 000, six-year-old couch in question, he said it was “one of the more affordable sofas in our range”, and that at the time, the customer would have had the choice of buying a full-grain leather sofa and had he done so, “that would most certainly have offered far more longevity, but at a greater cost”.
In short, he said, this was not a valid claim.
On the issue of an “informed choice”, such is only possible if a consumer has been provided with the appropriate information.
The couch in question was not labelled as bicast, and, according to the complainant, no warnings about a shortened lifespan were given.
On the delivery note, it is described as “oxblood gloss leather”.
Westaway said in accordance with the CPA – which came into force in April 2011 – the company’s “bicast leather” goods are now labelled as bicast.
Given that the couch in question was sold more than six years ago, he said, he can’t ascertain “what discussions took place between the customer and the consultant”.
“However I’d assume there would definitely have been questions regarding the difference in price between the different leathers at which he made an informed choice.”
That said, Westaway said he would like to help the customer in some way as a goodwill gesture, despite the claim being “invalid”.
The customer has since ordered a new full-leather couch as a replacement, at a substantial discount.
Westaway said there was “definitely a space” for bicast leather in the market.
“But I agree customers need to be aware of its make-up in order to make an informed decision.”
Bottom line – if you’re in the market for leather, know that there are many forms of leather upholstery on the market these days.
Ask very specific questions about the leather on offer before doing the deal.
And make sure the type of leather is noted on the documentation.
Beware of “bonded leather”. This is the biggest leather con on the market.
It is not leather, not even close. It is a synthetic polyurethane material with leather shavings “sprinkled” on the back to make it look like leather when you look at the back of it. About 85 percent of the total thickness is synthetic, with leather shavings making up the rest.
It should not be referred to as genuine leather.