returning a bed under distance selling

jonathan.lane

I bought a single bed recently and when it arrived I can't get it upstairs. I live in a bungalow with a converted attic and when I moved in there was a bed already upstairs so we assumed that a bed would go up there. The bed that was up there must have been a frame bed or a divan in pieces as our single divan wouldn't fit.
I've contacted the store - this was bought online. They've said that all of their products are made to order and so can't normally be returned. There's no mention that it's made to order on the site.
Under returns policy it does exclude divans with storage (which this is) but it doesn't state why. However, later in the returns policy it mentions returns where it doesn't fit and excludes other beds but not divans with storage.

My question is since there's no mention of why they exclude these returns - made to order - do I still have a right under distance selling to return it or can they just exclude returns on certain items without stating why?

wealdroam

You have the right, under Distance Selling Regulations, to cancel your order within seven working days of delivery. That seven working days starts with the day after delivery.

You must cancel in writing, either letter or email, unless the seller allows other methods.

The seller must then refund all monies paid, including any delivery charges to get the thing to you.

You will probably have to cover the cost of getting the goods back to them.

Just because the item is made to order, does not mean that it is exempt from DSRs cancellations.
If the product had been made to your specification, then it would be exempt.

arcon5

There's a difference between made to order and personalised. It's only the latter that cannot be returned where you bought it online.

If it has not been personalised you have 7 working days from the day you received it to notify them you wish to cancel. They have to refund the bed + original postage. You may however be liable for the cost of returning the bed to them.

jonathan.lane

Thanks for the responses. What concerns me about this I guess is the fact that the bed has storage in which is a standard, but optional extra. I think that's what they're complaining about. It's not personalised in the sense of having my name emblazoned over it but it is in the sense that it has been modified from some standard to meet my needs. Not sure if that makes a difference or if it makes a difference that there's no indication on the product page that they consider adding storage to be a customisation.

neilmcl

If it's a standard optional extra (if that makes sense), rather than a one off or something they don't normally offer, then the DSRs still apply.

jonathan.lane

That's great. Thanks.