OH HELP - furniture order 6 days ago online, company is saying I pay 25%

gilliana1

I've just made a big mistake. I ordered a pirce of furniture from Laura Ashley last Sunday online. I shouldn't have ordered it and want to cancel. (It has not been delivered - delivery is due in 7 weeks). Laura Ashley say you only have 48 hours to cancel and then they charge you 25% of the price.

Is there anything I can do? I don't know much about the distant selling regulations, I can see on their website I can cancel after goods are received but then I have to pay a large sum to send the furniture back.

Can anyone advise? Do I have any rights during the 7 week order period?

Thank you.

(feeling a bit stupid as assumed companies would let you freely cancel with such long delivery windows. Have learnt from this).

bod1467

Tell them they are talking crap. You are notifying them of your intention to cancel under Distance Selling Regulations. Do this by email, or even in writing if necessary (letter, sent recorded delivery).

Their T&Cs cannot contract out your statutory rights.

Caveat - it wasn't personalised in any way, was it? (Such items are exempt from the cancellation rights). Made-to-order for a standard (non-customised) item does NOT constitute personalised.

gilliana1

Hi, no it isn't even made to order. Just a standard table they sell.

So if I notify them within 7 days of ordering (i.e. I send an email today and then a letter Monday) is that enough? They say on their terms if is 7 days after goods received and not ordered that you can cancel but then they hit you with pick-up furniture charges.

Fosterdog

Just send them the email/letter and if they try to deliver just refuse to accept it. It may be worth reminding them too that under DSR they have a maximum of 30 days to issue a refund from the date of cancellation regardless of whether they have received the goods back or not.

As for the seven days to cancel, you have until seven days after it's delivered there is no law to saw that you can't cancel sooner just that that it the latest you can cancel.

gilliana1

Thanks - do I have to accept though that they are going to charge 25% as their terms say:

If you need to amend or cancel your MTM, MTO Upholstery, Non MTO Upholstery or Furniture order, you may only do so up to 48 hours after you have placed your order by contacting Customer Services*. Thereafter we reserve the right to charge you up to 25% of the value of the amended/cancelled Product.

Furniture and Non-MTO Upholstery purchased via Distance Selling may be cancelled or returned at any time up to seven working days from the day after receipt by informing us within that period that you wish to do so.

If after cancellation the Furniture or Non-MTO Upholstery purchased via Distance Selling has been delivered it must be kept in good condition for collection by our nominated carrier. A £60 collection charge for UK customers and a £165 collection charge for European customers will apply. This does not affect your statutory rights

shegirl

It says if you purchased furniture via distance selling you have 7 days to cancel...

gilliana1 wrote: »

Thanks - do I have to accept though that they are going to charge 25% as their terms say:

If you need to amend or cancel your MTM, MTO Upholstery, Non MTO Upholstery or Furniture order, you may only do so up to 48 hours after you have placed your order by contacting Customer Services*. Thereafter we reserve the right to charge you up to 25% of the value of the amended/cancelled Product.

Furniture and Non-MTO Upholstery purchased via Distance Selling may be cancelled or returned at any time up to seven working days from the day after receipt by informing us within that period that you wish to do so.

If after cancellation the Furniture or Non-MTO Upholstery purchased via Distance Selling has been delivered it must be kept in good condition for collection by our nominated carrier. A £60 collection charge for UK customers and a £165 collection charge for European customers will apply. This does not affect your statutory rights

gilliana1

I know it says that I can cancel after receipt but then they are going to charge £60 collection fee and I have to take a days holiday to receive the things in the first place! Or am I reading this wrong? Sorry, I am not very up on all of this buying by internet thing.

Fosterdog

gilliana1 wrote: »

I know it says that I can cancel after receipt but then they are going to charge £60 collection fee and I have to take a days holiday to receive the things in the first place! Or am I reading this wrong? Sorry, I am not very up on all of this buying by internet thing.

Forget what their terms say, tell them you are cancelling under DSR. The law is on your side, they cannot penalise you in any way for cancelling. Tell them now that you are cancelling (don't ask them if you can, politely state that you are) give them 30 days to issue you with a refund.

If they still try to deliver just refuse to accept the delivery, they cant charge a collection fee if they have nothing to collect.

shegirl

gilliana1 wrote: »

I know it says that I can cancel after receipt but then they are going to charge £60 collection fee and I have to take a days holiday to receive the things in the first place! Or am I reading this wrong? Sorry, I am not very up on all of this buying by internet thing.

Ah,I didn't spot the 'receipt' due to multi tasking.My fault:o

gener8or

About a year or so ago I ordered a bed for my daughter but cancelled it before delivery, but as it had been released to the carriers they charged me £40 for the delivery as per T&C's.

Told them they couldn't under DSR they disagreed. Took it to trading standards they agreed with me and told me to write a letter but still no refund.

Took it to my credit card company who sided with the retailer and refused to charge back the £40 and said I may a legal right but its not up to them to enforce it.

Rang Capital Once Executive Office who listened but agreed with disputed team that its not their problem, but as they didn't want to loose me as a customer put £40 credit on my account as a gesture of goodwill.

neilmcl

Fosterdog wrote: »

Forget what their terms say, tell them you are cancelling under DSR. The law is on your side, they cannot penalise you in any way for cancelling. Tell them now that you are cancelling (don't ask them if you can, politely state that you are) give them 30 days to issue you with a refund.

If they still try to deliver just refuse to accept the delivery, they cant charge a collection fee if they have nothing to collect.

They may not be able to "penalise" the OP but they are entitled to charge a reasonable collection/return fee if stated in their T&Cs, which may also be payable even if the OP refuses delivery.