Cargo 30% Cancellation Charge

NeilF3485

Hi,

I purchased a corner sofa from Cargo in store a fortnight ago and paid in cash for the item. They attempted delivery on Wednesday and whilst the sofa will fit in the intended room, and through all doors, it will not turn the top of the stairs. I therefore refused delivery.

I have contacted Cargo for a refund (minus the delivery cost) as they have no suitable alternative sofas, however they are stating that they will charge me a 30% cancellation fee (£248).

Terms and Cons state they they can charge "up to 30% to cover losses" - but as far as I can see if I pay the delivery charge they haven't incurred losses at all (or very little).

I explained that they do not give the measurements for the unit in pieces only as a whole so would never be able to confirm it would turn stairs - also asked them to explain how to work out whether something will fit up and round stairs without physically having the item?

Additionally stated if I'd purchased from their website I would have distance selling regs so could return it FOC anyway, so why not extend customer services in this regard, but simply get the "we charge 30%" thrown back at me to all questions.

Basically wondering how much leverage I have on this to argue for a full refund -
Can they charge me 30% even though they have not incurred losses?
Do they have any responsibility in not giving me all measurements for the sofa when it is in pieces?

Help would be appreciated!

Thanks

zppp

NeilF3485 wrote: »

Basically wondering how much leverage I have on this to argue for a full refund

Did they manafacture or get made to order as a bespoke product? If yes, then your rights are limited.

NeilF3485 wrote: »

Do they have any responsibility in not giving me all measurements for the sofa when it is in pieces?

No, you would have a responsibility to check suitability if you wanted to know this information pre-contract.

MisterBrico

If it is the terms and conditions you agreed to you then unfortunately thats the case

The cost is they have a sofa which probably can't be sold as new now as it has been taken away, packaged and delivered and the 30% reflects the money they lose selling it as used/refurb etc.

Freddie_Snowbits

All for the sake of a tape rule from Mr Stanley at about £2.00

NeilF3485

They didn't manufacture to order - all sofas they have are on a 6-9 week lead time, besides this one which is on a 1 week lead as they "have two at the distribution centre" (suggesting someone else had already cancelled an order)

Item would surely not need to be sold as used etc. as only packaging is plastic wrap which the sofa never even came out of - it is in identical condition as when delivered?

I did agree to T&C but if I can show I have done all I reasonably can to check it will fit then what more could someone do? Can I make them prove their losses to justify the 30% deduction (they give the impression this is their blanket charge regardless, but losses would vary from item to item?)

Thanks

NeilF3485

Freddie_Snowbits wrote: »

All for the sake of a tape rule from Mr Stanley at about £2.00

In which case, you can feel free to tell me using only a tape measure how to check an item will fit round a corner at the top of stairs?

Simply measuring length etc. does not account for pivoting the item, angles......

gordikin

It's your responsibility to ensure what you bought fits into your home...not Cargo. You could live in a caravan for all they know. Your arguing with yourself regarding measurements....you want cargo to supply them and yet you are saying they are pointless?

NeilF3485

gordikin wrote: »

It's your responsibility to ensure what you bought fits into your home...not Cargo. You could live in a caravan for all they know. Your arguing with yourself regarding measurements....you want cargo to supply them and yet you are saying they are pointless?

I am aware it is my responsibility to check it fits - and as I said in OP, it will fit in the room, and through doors. I am not arguing with myself regarding measurements, the two statements are mutually exclusive.

Cargo did not supply sufficient measurements for me to be able to guarantee it would fit round the top of the stairs. The fact I wouldn't have known how to work it out with the measurements is neither here nor there as they don't know that, but they would have been able to say "we gave you sufficient information to work it out" and I could have no argument.

Anyway measurements etc. was a side issue. My point is still that Cargo do not say "no returns unless faulty", they say "up to 30% cancellation charge to cover losses" - therefore can I make them demonstrate their losses to justify charging a full 30%? Thanks

isplumm

NeilF3485 wrote: »

Anyway measurements etc. was a side issue. My point is still that Cargo do not say "no returns unless faulty", they say "up to 30% cancellation charge to cover losses" - therefore can I make them demonstrate their losses to justify charging a full 30%? Thanks

They don't have to give you anything back - infact they could have refused to take the thing back - as you ordered from a shop, not online .... so I would count yourself lucky they are only taking 30% ....

Mark

NeilF3485

isplumm wrote: »

They don't have to give you anything back - infact they could have refused to take the thing back - as you ordered from a shop, not online .... so I would count yourself lucky they are only taking 30% ....

Mark

I am fairly sure I said I'm aware they don't have to - but they do, so therefore am I not within my rights to find out if they can then claim something is for "losses" if it isn't?
Again, if they simply said "any cancellation will incur a 30% charge" then I would have no argument - but they don't!

shaun_from_Africa

The first thing that I would write to Cargo and ask them to supply written details of exactly how they calculated the £248 deduction.
Then if they don't respond or you are not happy with their reply, send them a further letter informing them that you consider the deduction illegal under the "Unfair Terms in Consumer Contracts Regulations 1999", and that you will be contacting Trading standards to seek their advice.

These regulations make it illegal for businesses to impose unfair conditions on customers, even if these terms have been stated beforehand.
Specifically, I would refer them to this:

18.8.1 There is a clear risk of unfairness where terms put consumers at risk of incurring contractual penalties that are more severe than is necessary to protect the real interest of the supplier.

which can be found here:
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf