BHS Online Furniture - Lack of Returns Policy

clbcm2

Hi there, wondering if anyone can help....


I ordered a table and chairs online with BHS, standard stock, nothing custom built etc. I phoned BHS customer services requesting that a return be arranged and was subsequently informed the product was non-returnable due to it being made to measure and a bespoke product!


I contest that the table and chairs are standard, off the shelf products and are not bespoke or made to measure based on customer specifications. This lack of returns policy is not made explicitly clear in their ordering process in my opinion and now I am stuck as their customer services team don't seem to be helping....


Any suggestions welcomed

hollydays

From their website
1. Right To Cancel
As a customer in the European Union you have the right to cancel your contract with us at any time between the date you placed your order until the expiry of 14 calendar days from the day after the date you received your order. This right does not apply to the following items: (1) items that have been sealed for hygiene reasons (e.g mattresses and divan sets) if they have been unwrapped; (2) self assembly products that have been partially or fully assembled; and (3) made to order items. You will be responsible for the cost of the courier collection in order to return a cancelled order to us.

To exercise your right to cancel follow the steps below:

Print the cancellation form included in your confirmation email or print a copy of the cancellation form here, complete it and either post to us at Bhs After Sales Team, 2nd Floor, North West House, 119-127 Marylebone Road, London NW1 5PU or email it to furniture@arcadiagroup.co.uk. Alternatively, write to us by email or by post stating that you wish to cancel your contract and include your full name, address and order number.

Contact the BHS Furniture After Sales Team on 0344 411 6000, selecting option 4 for furniture queries, to arrange a collection. You will be responsible for the cost of the collection, which is £35.00 and the BHS Furniture After Sales Team will take payment prior to the collection. Please call the BHS Furniture After Sales Team once the item has been collected and they will arrange for a refund to be made.

hollydays

Link to made to order items
http://www.bhsfurniture.co.uk/mall/infopageviewer.cfm/bhsstore/returns

I agree it does seem a bit naughty and not made particularly clear.

Sooler

Unfair Contract Terms?

Unfair contract terms guidance
Guidance for the Unfair Terms in Consumer Contracts
Regulations 1999
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Due to the fact that the information stating the items status as ‘made to order’ is hidden away on a Returns page which is unrelated and not involved in the purchase process.

And the ‘made to order’ status for an item is derived (i.e. if it’s not 7 day then it’s made to order) rather than specifically stated.

Take screenshots of the relevant web pages, in case they make any amendments.


Contact Consumer Direct

bod1467

Made to Order does not mean Bespoke. A company's order scheduling process is of no concern to the customer - if they want to only make things up when an order is placed that is their choice. That choice cannot contract out a customer's legal rights.

As Sooler mentions above - this is (IMHO) a clear breach of the Unfair Terms in Consumer Contract Regulations.

PS - are you looking to return because it's not quite what you wanted/thought it was, or because it has a fault?

clbcm2

Thanks all, its not faulty its just not what I wanted but I will try both of these options as a defence to get this sorted really informative thank you!

wealdroam

Here is a quote from The Department for Business, Innovation and Skills. guidance:

An item made up following a consumer order does not necessarily make it a bespoke item which is exempt from cancellation rights. An item, for example a sofa or computer, can be assembled following an order but the component parts may be made up of parts offered from a standard range. So, for instance, a sofa where the consumer chooses a fabric and colour from a range on offer will not be bespoke for the purposes of these Regulations. However, if the consumer asks the trader to source a special finish and which is not in the range generally offered by the trader, that is likely to be a bespoke item.