Distance selling/made to order

whtandyw

Hi,

My wife and I recently purchased online a made to order footstool for laura ashley. It arrived today and while it isnt faulty we just aren't happy with it.

Do we stil have rights under DSR to return item or is that excluded as it was made to order?

Thanks for any help!

frugal_mike

whtandyw wrote: »

Hi,

My wife and I recently purchased online a made to order footstool for laura ashley. It arrived today and while it isnt faulty we just aren't happy with it.

Do we stil have rights under DSR to return item or is that excluded as it was made to order?

Thanks for any help!

Made to order items are not exempt from DSR cancellation rights, but custom made items are. As long as the item was not customised you can return it. Note that picking from pre-defined options (such as a drop down menu) is not customisation.

MamaMoo_2

whtandyw wrote: »

Hi,

My wife and I recently purchased online a made to order footstool for laura ashley. It arrived today and while it isnt faulty we just aren't happy with it.

Do we stil have rights under DSR to return item or is that excluded as it was made to order?

Thanks for any help!

Having looked at the website you are choosing standard off-the-shelf components, and nothing is being specially made to measure etc.
Therefore, regardless of what their (illegal) T&Cs say, you are entitled to a full refund under DSRs, although you will have to cover return postage.

tomwakefield

As frugal_mike says, Made to Order is not the same as customisation. Having looked at the Laura Ashley site, it appears that they don't stock any footstools and will put one together when a customer orders one. As far as the customer is concerned, this is no different to having a big warehouse full of footstools ready to go, and as such you have the right to cancel under DSR. Customisation would be something along the lines of sending them a roll of fabric and asking them to make a footstool out of that.

A word of warning

MTM, MTO Upholstery & Furniture Returns

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.
Once received, these Products cannot be cancelled unless confirmed defective or mis-described by a Laura Ashley appointed inspector.
Upholstery and Furniture can only be returned by contacting Customer Services* to arrange collection.

Laura Ashley may attempt to fob you off by saying that their T&Cs state you cannot return your footstool and, by buying the footstool, you have agreed to them and are bound by them. You cannot be contracted out of your statutory rights and any terms which try to do so are unenforceable.

whtandyw

Many Thanks for all your help!

frugal_mike

One last thing. No matter how much they reserve it they do not have the right to charge you up to 25% of the item cost for cancelling the order. They have to refund the full cost including delivery charge.

Do these companies not get legal advice to check their terms and conditions are even vaguely enforceable?

pleasedelete

Laura Ashley will take it back. In a few months time it will come for sale via their eBay site.