Sofa purchase from M&S

El_Capitan

Hi, I was wondering if anyone could help (although I'm not sure if you can)

Basically, I placed an order online for 2 sofas from M&S in April, cost £1438. They were delivered last Saturday on June 22nd. Order placed and charged to my credit card.

On June 23rd the price of the sofas was reduced to £449 so the two would cost £900. I didn't discover this until late last night (29th).

This morning I called to see if I could get a refund for the difference or return the sofas and place another order. I was told that since the offer was applied after the sofas were delivered, and also that I had 7 days to return them (so today I am out of that period) that I can do neither.

Obviously I am a bit miffed and if it's my bad luck that's fine, but I wondered if there were any avenues for me to pursue this?

I did notice that on the M&S website returns policy it does state:
"Returning Clothing & Homeware (including delivery only furniture)

To help you with your Christmas shopping, products bought from 21 September can be returned up to 15 January. Find out more about the extended Christmas returns policy.
Unwanted items can be returned for exchange or full refund provided they are returned within 35 days of purchase with a valid receipt or parcel summary document.

If items are returned with an expired receipt or parcel summary document or without any receipt, we will offer you a credit receipt or exchange to the value of the last known selling price.

Please return the item to a UK store (except Simply Foods and Outlet stores) or for items bought online, you can post it back to us using the label provided. Postage is free from UK addresses for parcels under 5kg in weight and 61cm x 46cm x 46cm in size. For large items that cannot be sent in the pre-paid package, please arrange for collection by us promptly at your cost (£100).
Please note that items must be returned in their original packaging and in a re-saleable condition. We will only refund or exchange bedding such as pillows and duvets if they have not been opened"

Then I also found this:
"Returning Furniture (except delivery only furniture)

Once you have taken delivery of your furniture, we are only able to offer a refund in accordance with your legal rights. For example, if the goods are damaged, not fit for purpose or not as described. If there is a problem with your furniture, please inform the delivery crew on the day of delivery before signing for your furniture, and call our Furniture Customer Services team on 0845 762 4624.
See Part E of our Terms & Conditions for more information
After delivery, if you decide you no longer want your furniture, you have up to 7 days to return it. Our delivery team can collect any unwanted items. There is a £50 charge for this service.
Please note payment is taken at the point of order and we cannot temporarily refund orders which have been delayed due to stock issues.
All sundry items are made to order so they cannot be returned unless in accordance with your legal rights."


I don't know what "delivery only" and "non delivery only" refers to.


There is nothing wrong with the sofas - I would just also like the £500!


TIA

frugal_mike

Those terms and conditions do not comply with the law. The distance selling regulations do not give you seven days from the date of delivery to cancel, they give you seven working days starting the day after delivery to cancel. By my reckoning that means you have until Tuesday.

From the Distance Selling Regulations 2000, regulation 11, section 2:

Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

If I were you I would send them an email today (not a phone call). Tell them you are cancelling under the distance selling regulations and refer them to that section to show that you are within the time period allowed for cancellation.

You can also cancel by sending a letter, and I believe the cancellation will be deemed to have occurred at the point of posting, not delivery. If you send a letter make sure to get a certificate of postage.

Do note though that you will have to pay to have the sofa returned if their terms and conditions state that you do. However if they are reasonable they may just give you the difference just to save everyone the hassle collecting the sofa and sending another out for no good reason.

pinkshoes

As above, you have 7 WORKING days to cancel, so are still within time.

Do bear in mind that good M&S sofas sell really quickly in the sales, so you might not be able to buy them again if they insist on you sending them back!

(ps - love my M&S sofa. 8 years on and it's still as it was when I bought it in the sale!)

El_Capitan

Thanks guys!

I have emailed them. Lets hope for a good result.

Re. M&S sofas - we inherited one from my partners parents which was excellent and has just been sent to charity in as good as new condition despite being 10 years old. Unfortunately it did not go with our newly decorated rooms.

I'll let you know if I get a reply.

Thanks again

El_Capitan

So M&S replied, stating that I was out of the returns period and that the weekend is included in their 7 day returns policy, from date of delivery. I had quoted the distance selling regulations that you told me above, but they seem to have ignored that.

I have sent a second email reiterating the point and said that even if the weekend could be classed as working days I would have had until the 30th to cancel the order. They are yet to reply.

My question is - if Saturday and Sunday are working days for M&S, would this be counted in the distance selling rule? Could it then change by company?

Thanks again.

wealdroam

El_Capitan wrote: »

My question is - if Saturday and Sunday are working days for M&S, would this be counted in the distance selling rule? Could it then change by company?

Working days are defined in Regulation 3 of The Consumer Protection (Distance Selling) Regulations 2000:

“working days” means all days other than Saturdays, Sundays and public holidays.

Individual companies cannot change that.

neilmcl

OP, you should be aware that IF they do take them back (which legally they should) they will have up to 30 days in which to refund you. As mentioned above, if you do go down this route you may find that the sofas in the sale are no longer in stock, in which case you could be without any sofas and £50 out of pocket for the return charge.

El_Capitan

Hi guys,

M&S said I can return them for the £50 fee. They would not just refund the difference no matter how much begging/indignation.

I have reordered them online for the cheaper price already and am awaiting a delivery call. Having a minor panic about them not having them in stock by the time the organised delivery date comes around but this has never happened to me before.

Thanks so much again.

unholyangel

And you need to put your cancellation request in writing. So if you havent done so already, do it now then argue the details with them later (so you've cancelled within 7 working days).

neilmcl

unholyangel wrote: »

And you need to put your cancellation request in writing. So if you havent done so already, do it now then argue the details with them later (so you've cancelled within 7 working days).

Unless the retailer allows otherwise, in which case they do.

El_Capitan

I have an email saying I contacted them on the 30th, an email saying I am entitled to a refund and to call the furniture department, and a payment reference for the £50 fee.

This is enough without having to write to them isn't it?

Thanks so much for the advice, I really appreciate all of it.