Distance sale?

EmilyG2010

I'm confused as to where I stand regarding some designer lamps I bought. The lamps aren't available in store but the furniture shop does a home design service so you can see the product in a to-scale representation in your home. When the lamps arrived they were much bigger than in this illustration and don't look right in the room (and frankly I don't have anywhere else to put them). The store has so far refused to take them back however (even though I have argued that they are fully resalable). On my receipt they say refunds or exchanges are not possible but oddly on their website they say refunds are possible within 28 days (provided items are undamaged and in orginal packaging). I would have thought I was covered by distance selling? (as I could not inspect the goods) and also mis-selling?

Thanks in advance

neilmcl

Was the contract carried out exclusively via distance means? Sounds to me you ordered (and presumably paid) in store, is that correct?

EmilyG2010

yes, that's right

gik

EmilyG2010 wrote: »

yes, that's right

So the transaction was concluded in store?

ThumbRemote

Do the website terms and conditions state they refer to store purchases? If they are online only, it's no help. If they claim to be their general t&cs though you may have rights for a return under those.

Alternatively, if the design service misrepresented the size of the lights you have a case of mis-selling, and are also entitled to a refund. Do you have a copy of the design done?

neilmcl

EmilyG2010 wrote: »

yes, that's right

In that case DSRs don't apply.

EmilyG2010

Yes, that's right too. It was all done in store but I was not able to view the product as they are unable to display their full product range there.

neilmcl

For DSRs to apply you must perform the contract making "exclusive" use of a distance means. You would have been in a better position if you had simply ordered from their website at home.

wealdroam

EmilyG2010 wrote: »

Yes, that's right too. It was all done in store but I was not able to view the product as they are unable to display their full product range there.

The fact that you made the purchase in store without seeing the goods is not a good reason to return them for a refund.

The only chance you have of a refund is if their returns policy allows for it, but it appears that it doesn't.

Could you perhaps exchange them for something more suitable?
The store might be happier with that resolution.

EmilyG2010

thanks guys

mo786uk

just because DSR doesnt apply does not mean sale of goods act or supply of goods and services act 1982 dont apply

for example, if someone designed a layout for you and it is wrong then you may have a case to say the service wa snot carried out with reasonable care and skill and the product was not as describe. have you still got the layout?