Marks and Spencer Delivered Furniture Return Charge

mattr2102

Hi everyone,

I'm looking for some advice on the following situation:

I ordered a coffee table from Marks and Spencer website which has recently been delivered.

When ordering I noted that their general terms and conditions state:

"
How can I return items?

Most returnable items ordered online, by phone or by store can be taken to our stores or posted back to us. Your parcel summary document is your receipt. Please provide a copy as proof of purchase.

Returning items to a store
Take the item to any of our UK stores apart from Simply Food, outlet stores or M&S at service stations, rail stations and airports.

Please note that wedding dresses, bridesmaids' dresses, fine jewellery and adults' fancy dress costumes can only be returned to us by post. Please return them in their original packaging.



"

There are also ADDITIONAL terms and conditions for furniture which state:

"
Additional Terms & Conditions – Furniture


Cancellations, Amendments, Returns & Refunds

• Ultimately, any changes to your order you make must be notified to us in writing.
• If you amend or change your order, you may find there are changes to your delivery timescale and/or the price you pay for the item (as you’ll be charged the current selling price on the day you amend or cancel the order).
• Once you have taken delivery of your furniture, we will only give refunds in accordance with your legal rights, for example, if the goods are not fit for purpose or as described. Our furniture customer service team can be contacted on 0845 7 624 624.
• If collection of an item is required, we will charge you the cost of collection (up to £100) of which you will be notified at time of cancellation. In addition any delivery charges are also non refundable unless the goods are faulty or the cancellation has been made in accordance with your legal rights.
• If the product does not fit into your home, it will be classed as a cancelled order and costs will be incurred by you.

Payment

• Payment is processed when you place your order.

Delivery and/or Collection

• All furniture orders are delivered free within the UK mainland and Northern Ireland by our home delivery service. Furniture orders for Isle of Man deliveries may only be placed at our Douglas, Isle of Man store and a delivery charge of £100 per order is payable.

"


As far as I understood the additional terms and conditions sit on top of the general terms and conditions and if there is a conflict then the additional terms prevail.

My issue is that the general terms state that
"
Most returnable items ordered online, by phone or by store can be taken to our stores or posted back to us
"
and then goes on to only exclude:
"
wedding dresses, bridesmaids' dresses, fine jewellery and adults' fancy dress costumes can only be returned to us by post.
"

At no point does it state that furniture cannot be returned to store.

In the additional terms and conditions nowhere does it state that furniture cannot be returned to store.

They now want to charge me £100 to collect and return the furniture, which I had planned to return to my local store.

Any thoughts or advice would be great.

Many Thanks!

pcombo

Is the item damanged or not as described, Or you just wanting to cancel and return. That may help for a answer on here.

mattr2102

Just looking to cancel it and return - it was not available to view in any of their stores so I ordered it based on a small pic on their website with the thought that I'd be able to easily return it if it wasn't right.

fluffnutter

If you order online you have 7 working days in which to advise you want to cancel (Distance Selling Regs). Let them know by durable medium (email or letter) that you wish to return and they should refund you the price of the item plus any delivery charge. You'll have to pay the cost of them collecting the table as they've clearly stated that they'll charge for this. However, provided you return the item undamaged it's up to you how you do so. So if they want to charge £100 (they can't charge more than this according to their T&Cs) but you can find someone to do it for less, then you're entitled to use your own courier.

HTH.