BHS - Sofa, No returns policy.

Aylesbury_Duck

I'm afraid it appears that you don't have any right to anything beyond the cancellation or re-delivery offered, with the resulting costs. Whilst the salesperson may have not explicitly made clear the T&Cs, I assume that they are included on the paperwork you would have signed in the store at the point of order, and so you have agreed to them?

I'm not sure your assertion that it wouldn't fit through 99% of doors is accurate. As someone else pointed out, they'd be fatally limiting their market if that were the case. You say that you measured it in store and it would have fitted through the door, but the packaged piece wouldn't fit? Why was it simply not unpackaged outside and brought in? Or is it the case that you've bought a variant of the showroom couch (slightly different shape or material, perhaps) that happens to be slightly larger?

I think the best advice I can offer, and the action that is perhaps most likely to minimise your expense, is to write a polite letter setting out the circumstances and asking for a reduction in the cancellation fee to recognise the inconvenience and cost of the mix-up over delivery dates. I think that would be reasonable.

comeandgo

Are your inside doors not the same width as your outside doors? Surely if the sofa came in then it could go through the other doors? Was the problem due to your stairs and the angles?

Dan-Dan

More compelling evidence for House buyers out there to just get in first, then do the exciting ordering furniture stuff

Hermione_Granger

timPgoodwin wrote: »

We ordered in store, the product had no dimensions stated on it. Were never explicitly told about the cancellation penalties or the fact that it was counted as a 'made to order' item and therefore would be unreturnable.

When buying in store, you should always assume that returns for unwanted or unsuitable goods are not allowed unless you are informed otherwise.
In cases like that, there is no legal right of return so you are totally reliant on the return policy of the store in question.

martinsurrey

TheCyclingProgrammer wrote: »

Could you clarify - did you order it online or in-store?

If your ordered online then I don't think you have a leg to stand on.

Wrong.

and its an important point to make.

The distance selling regulations apply to any item like this, other than custom made, even if its made to order from a set of drop down lists its considered made to order NOT custom made.

If it had been ordered online the OP would, at most, be liable for return postage, and could have got a 100% refund.

As it was bought in store and its not broken, the OP is lucky to be only on the hook for 30%.

MORAL OF THE STORY

If you can buy furniture online that will be delivered anyway, do it, the distance selling regulations will have your back if it doesnt fit.

Hermione_Granger wrote: »

When buying in store, you should always assume that returns for unwanted or unsuitable goods are not allowed unless you are informed otherwise.
In cases like that, there is no legal right of return so you are totally reliant on the return policy of the store in question.

this is very true

shaun_from_Africa

timPgoodwin wrote: »

Thank you, my issue is, that at no point did the saleswoman show us any T&C's or make it clear of either the dimension of the couch so we could measure against it, or of the penalties if we decided to cancel or if the couch didn't fit to the upstairs.

Why would the saleswoman need to give you the dimension of the couch as there was an identical one in the store that you could have measured?

timPgoodwin wrote: »

nothing custom built etc. (it was the exact model of couch in the store we ordered from).

TheCyclingProgrammer

martinsurrey wrote: »

Wrong.

The distance selling regulations apply to any item like this, other than custom made, even if its made to order from a set of drop down lists its considered made to order NOT custom made.

Citation needed.

The BHS terms state that any item other than those marked as 7 day express are "made to order". The Consumer Contracts Regulations (not the Distance Selling Regulations) explicitly exempt "tailor made" goods from the right to cancel. How is this not the same as custom made? Its made to order, to the customer's specifications.

wealdroam

TheCyclingProgrammer wrote: »

Citation needed.

The BHS terms state that any item other than those marked as 7 day express are "made to order". The Consumer Contracts Regulations (not the Distance Selling Regulations) explicitly exempt "tailor made" goods from the right to cancel. How is this not the same as custom made? Its made to order, to the customer's specifications.

Section 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 lists those situations where there is no such cancellation right.
The one I think you are referring to is:

28 (1) (b) the supply of goods that are made to the consumer’s specifications or are clearly personalised;

There has been no suggestion that the furniture was made 'to the consumer’s specifications', nor is it 'clearly personalised'.

The ordered goods were chosen from a set of options supplied by the seller - therefore not to the customer's specifications.

The fact that the furniture is 'made to order' is not important - the consumer still has the right to cancel the order.

martinsurrey

TheCyclingProgrammer wrote: »

Citation needed.

The BHS terms state that any item other than those marked as 7 day express are "made to order". The Consumer Contracts Regulations (not the Distance Selling Regulations) explicitly exempt "tailor made" goods from the right to cancel. How is this not the same as custom made? Its made to order, to the customer's specifications.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

page 20

"14. 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.
"

TheCyclingProgrammer

Thanks for the links, but I still think this would be a matter of interpretation. BHS clearly seem to interpret the legislation differently. From their website:

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.

This is all moot as far as OP is concerned as they didn't order online but they did order an item of furniture to their specification (they chose the colour and configuration) and BHS make a clear distinction between items that are part of their "standard range" (the 7 day express items) and their "made to order" range (everything else).

So I don't think its as clear-cut as you are making it out to be.