Retailer Issue

cadence

I bought a coat stand from furnitureinfashion.net on 20/04/2013. I had some issues trying to get it delivered as I live in a gated apartment block. I spoke to the courier on several occassions to ask them to deliver on a Monday (when my husband would be at home) or use the trade button to gain access which is what all other couriers and Royal Mail use.

After three attempts, none of which were on a Monday as requested, the item was returned to the retailer. They have confirmed that they have received the goods, and now want £14.95 to have it redelivered. To be honest, I no longer want this item due to the issues experienced, but the retailer are refusing to give me a refund as the courier apparently "carded" me on delivery. Well, they never once carded me because if they had managed to gain access to my building to leave a card, they could have left the item in the secure hallway outside my apartment.

I have rung and emailed this retailer about 10 times over the last 3 weeks, not once receiving a response to an email, and just being fobbed off on the phone by saying that they have to speak to the courier. Of course, the courier keep saying the same thing - that they attempted delivery and "carded" me, which is a complete lie. I have spoken to my card issuer to see if they can do something, and they are investigating but I am not confident.

Can anyone provide any other help? Anywhere else I can go to try and get my money back?

Thanks!

unholyangel

Providing the coat stand isnt customised (picking from preset options isnt customised), you can cancel under DSRs for a full refund - including any delivery charge you have paid.

pinkshoes

unholyangel wrote: »

Providing the coat stand isnt customised (picking from preset options isnt customised), you can cancel under DSRs for a full refund - including any delivery charge you have paid.

Isn't it too late for this if the OP bought it over a month ago?

frugal_mike

pinkshoes wrote: »

Isn't it too late for this if the OP bought it over a month ago?

You have 7 working days starting the day after delivery (assuming you have been properly informed of your DSR rights). It hasn't been delivered yet, and I'm fairly certain 'being carded' doesn't count as delivery.

unholyangel

frugal_mike wrote: »

You have 7 working days starting the day after delivery (assuming you have been properly informed of your DSR rights). It hasn't been delivered yet, and I'm fairly certain 'being carded' doesn't count as delivery.

Doesnt look like the retailer is too keen on the law anyway going by their terms and conditions.

Just a few extracts:

The product would need to be returned back to us unused and unmarked within 14 days of receiving the item. Please note, flat packed products once assembled cannot be returned or refunded.

Any cancellations made on an order which can be supplied within 30 days will incur a £10 administration fee. Any items marked 'special order' is subject to a 30% cancellation fee including orders where you have requested items to be assembled. If we receive your request to cancel after dispatch or while in transit you may incur an additional charge to have the item returned back to our warehouse.

If a product delivered by Furnitureinfashion itself is not as described, your sole remedy is to return the goods in an unused condition and not assembled. We will not accept items back which have been assembled or do not come back in their original packaging or form.

Interestingly, there is a limited company called furniture in fashion registered. But the registration number is different from that quoted on their website and the address is almost identical to the one on their website but not quite. Furniture in fashion is listed as company involved in real estate apparently. Where world of fashion is listed as furniture store.

frugal_mike

It's almost tempting to order something from them just to see them try and defend some of those terms.

arcon5

pinkshoes wrote: »

Isn't it too late for this if the OP bought it over a month ago?

frugal_mike wrote: »

You have 7 working days starting the day after delivery (assuming you have been properly informed of your DSR rights). It hasn't been delivered yet, and I'm fairly certain 'being carded' doesn't count as delivery.

I *think* PS was referring to the personalised bit - in that (unless otherwise agreed) if the retailer hasn't performed their side of the contract within 30 days then the contract can be treated as if it was never entered in to and funds returned - which applies to normal goods and personalised goods (which are actually excepted from the right to cancel clause in DSRs).

frugal_mike

arcon5 wrote: »

I *think* PS was referring to the personalised bit - in that (unless otherwise agreed) if the retailer hasn't performed their side of the contract within 30 days then the contract can be treated as if it was never entered in to and funds returned - which applies to normal goods and personalised goods (which are actually excepted from the right to cancel clause in DSRs).

I read it as the DSR's not applying due to the length of time since the contract was initiated. Sorry if that's not what you meant PinkShoes.

Two more questions for the OP, how much was the stand and how did you pay? If it was more than £100 and you used a credit card then you can claim any money they have charged you back under section 75 as the credit card company will be jointly liable.

If it cost less than that or you paid on a debit card then you can try a charge back where the card issuer will attempt to get the money back from the merchants bank account.

Montdale

frugal_mike wrote: »

It's almost tempting to order something from them just to see them try and defend some of those terms.

Unfortunately we did - and am now having to point out to them that they have no right to try and ride roughshod over the Sale of Goods Act... these guys need to be avoided

bris

The law has now changed and DSR has been replaced by a more retailer friendly version.

Your problem may not be the same so start a new thread and I am sure the forum will help.