Chair Cancellation

naedanger

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. It would only have taken an extra few minutes to phone the national number.

I can see an argument for saying they should have explained the difference in cancellation policy (if indeed there is any difference) if ordering locally by phone rather than by the national number. However I don't think they have any legal duty of care to do this. (So personally I would not place much weight on that argument if I was in your daughter's position.)

I have cut and pasted from post 5 the legal definition of a "distance sale":

“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;

Personally I don't think the fact your daughter previously visited the premises is relevant as that visit was not in connection with the contract she is now seeking to cancel.

The only wording in the definition that would slightly concern me is the wording I have highlighted in bold. My concern would be that the retailer might argue you bought the item from a local outlet rather than from an "organised distance sales or service-provision scheme". That said, I am not saying that argument would prevail, just that it is a possible argument that might be made. Hopefully someone else will be able to clarify that your daughter's purchase would be regarded as being from such a scheme.

ScorpiondeRooftrouser

Ironically of course the cancellation was not down to anything to do with the chair, which she hadn't (and still hasn't) seen but due to her mistaking the size of the sofa, which she had seen.

cono1717

ScorpiondeRooftrouser wrote: »

Ironically of course the cancellation was not down to anything to do with the chair, which she hadn't (and still hasn't) seen but due to her mistaking the size of the sofa, which she had seen.

I think this is where things get a bit muddy. It's not that the chair is defective or faulty or not as described it's just that it wont fit which is no fault of the retailer.

That being said the Distance Selling allows for returns anyway but that falls back to the question does it qualify as distance.

Personally I would argue there is no time limit between being in the store and ordering it online for it to class as distance and unless the contract was formed on the premises it would fall under distance selling.

Quite the pickle here OP.