Chair Cancellation

mtmcndrw

Hello,


My daughter purchased a corner sofa in-store from a well known furniture retailer that sells both in-store and online via site/phone.


Her original sofa arrived on Thu 4th February but went into storage as she was getting some decorating done in her new home.


On Monday 8th February she thought it would be a good idea to order a matching chair for her new sofa as it was on sale and wasn't sure how long the sale was going to last.


Although she could have ordered the chair via the retailers website or website provided phone number she decided to phone her local store and place her order with them.


Today 11th February she placed her new sofa in her new home and realises that there's probably not enough space for the additional chair and tried to cancel her order.


She phoned the local store but they have refused to cancel her order.


Taking into account that she hasn't physically seen the chair and she placed her order over the phone.


What cancellation rights does she have and if any what regulations do they fall under.


Thank you in advance for any help/advice given.

hollydays

https://www.citizensadvice.org.uk/consumer/template-letters/letters/cancelling-goods-or-services/letter-to-cancel-or-return-goods-bought-online-over-the-phone-or-by-mail-order/

mtmcndrw

Thanks Hollydays,


I have been researching this for my daughter and previously seen the sample letter that you had posted the link for.


After arming myself with the relevant information I phoned the local store to speak to the manager.


I informed him that as my daughter had purchased over the phone without seeing the item that she should be allowed a cooling off period. At the time she wasn't informed of any cancellation procedure/restrictions and as of now she still hasn't received any paperwork in relation to the purchase.


The manager informed me that as she had previously purchased her sofa from the store she would have already been given information on the stores cancellation procedure/restrictions. Which in this case is a zero cancellation policy. According to the manager her order for the chair has already been placed and can no longer be cancelled.


Is what the manager saying correct.

mtmcndrw

No-one has mentioned the words custom made. But like most chairs/sofas it does come in a range of materials and colours but in this case there are only 4 to choose from.


That being said after reading about buying furniture online or by phone and cool down periods I was under the impression that a store shouldn't proceed with your order until the cool down period was over. Unless receiving written instructions to do so.


My concern is that if she had made the purchase as a phone order via their national ordering number it would have entitled her to protection under the Consumer Contract Regulations. It seems to me that they are not treating her phone call to her local store as "at a distance".


Can they distinguish between the two types of call.


Can they argue that as she had already placed an order in the local store, and that she decided to call them, that she should know what the local stores cancellation policy is.


I've still to call the stores customer services tomorrow so just trying to get all the information together before doing so.

shaun_from_Africa

The problem that your daughter may well have is that although the order for the chair was made over the phone, she had previously visited the store in question to view and place the order for the sofa and this may well mean that the telephone order for the chair no longer qualifies as a distance sale.
The legal definition for a distance contract is as follows:

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

http://www.legislation.gov.uk/uksi/2013/3134/regulation/5/made

The Distance selling regulations had the same exclusion and Trading Standards stated that if you went into a store and viewed the items and later placed an order online or over the phone, this didn't qualify as a distance contract because the communications weren't carried out exclusively at a distance.

mtmcndrw

Hello Shaun,


When visiting the store she went to check over the sofa that she had seen online as this specific store had the style she was interested in. She never went into the store to look at the chair and she never talked to anyone in the store about anything but the sofa.


It wasn't until waiting for delivery of the sofa that she kept going online to show friends/family her new sofa that she began to take an interest in the chair.


This is a totally new purchase, Not an amendment to a previous order.


Although the store does know that she has been in previously for items of a similar style.

bris

As above, it's not a distance sale as she already knows what she is buying by visiting the sore. She would struggle to deny this point if it went to court.

mtmcndrw

My argument is that she doesn't know what she is buying. She is buying an item "at distance" that she has not seen, touched or sat upon or discussed in store until purchasing over the phone.


What would have happened if for example she had ordered her original sofa over the phone then after delivery decided to order a chair which she then cancelled. Could the "at distance" seller say that you've already sat on the sofa so you knew what you were buying and refuse return/refund?

wealdroam

mtmcndrw wrote: »

My argument is that she doesn't know what she is buying. She is buying an item "at distance" that she has not seen, touched or sat upon or discussed in store until purchasing over the phone.

And that sounds like a very good argument to me.

You do not have to convince anyone here.

All people are doing is offering their opinions on what the likely outcome of any 'argument' might be.

Hopefully the comments of people on this forum will help you to understand what the 'opposition' to your case may be and how you can prepare yourself to fight it - and if indeed you think you can win.

mtmcndrw wrote: »

What would have happened if for example she had ordered her original sofa over the phone then after delivery decided to order a chair which she then cancelled. Could the "at distance" seller say that you've already sat on the sofa so you knew what you were buying and refuse return/refund?

No I don't think that could happen - simply because the second sale is a distance sale.
The definition of a "distance contract" is specified in the legislation and repeated above in post #5.

mtmcndrw

Thanks Wealdroam,


I still think that the local store, as part of their duty to their customer, should have explained the difference in cancellation policy if ordering locally by phone rather than by the national number if this is the case. It would only have taken an extra few minutes to phone the national number.


Though I could see a lot of local stores shutting if they followed this philosophy.


Ultimately it is the retailers that provide a good and understanding service that people will return to.


The purpose of this evening is to hear from the people sitting on the fence or those willing to play devils advocate on any argument that I attempt to develop.

wealdroam

mtmcndrw wrote: »

I still think that the local store, as part of their duty to their customer, should have explained the difference in cancellation policy if ordering locally by phone rather than by the national number if this is the case.

But there is no difference.

It is a "distance sale" in both cases, and thus has the same cancellation policy, if it meets the definition in post #5.

You or your daughter have inadvertently muddied the waters by letting it be known that she had previously visited the store she phoned, thus giving the salesman an excuse.