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Misleading website - item instock turns to made to order!!!
van1lla
Posts: 26 Forumite
Hello
Would really like some advise on what steps to take.
I bought a chair.
completecareshop.co.uk/chairs-and-seating/fireside-chairs/falkland-fireside-chair-bordeaux
I bought it on 11 May 2016 from completecareshop.co.uk.
Paid by credit card.
I got a call the next day saying the item is made to order and that it would be delivered in 4 weeks, but it clearly states on the website that it is instock and could be delivered in 2-5 working days. That's why I bought it from them.
Called them today to find out where my order is. They said it would be delivered on the 25th June. This is well over the 30 days that they say on the website.
When I tried to cancel the order they said it was a made to order item which isn't the case when you click on the chair link above.
On their website it says:
What do I do???? Do I seek some sort of compensation as
a) website is misleading
b) they cannot deliver the goods within 30 days as promised.
c) who can I report them too?
Thanks in advance.
Would really like some advise on what steps to take.
I bought a chair.
completecareshop.co.uk/chairs-and-seating/fireside-chairs/falkland-fireside-chair-bordeaux
I bought it on 11 May 2016 from completecareshop.co.uk.
Paid by credit card.
I got a call the next day saying the item is made to order and that it would be delivered in 4 weeks, but it clearly states on the website that it is instock and could be delivered in 2-5 working days. That's why I bought it from them.
Called them today to find out where my order is. They said it would be delivered on the 25th June. This is well over the 30 days that they say on the website.
Under the Distance Selling Regulations, we have 30 days to deliver to you but please be assured that we strive to deliver as quickly as possible
When I tried to cancel the order they said it was a made to order item which isn't the case when you click on the chair link above.
On their website it says:
Nowhere does it say "This item is made to order" when I ordered the chair.Items that Cannot be Cancelled or Returned
Under the Consumer Rights Act 2015 you have the right to cancel your order for any item bought on this website for a full refund within 14 days. We give 30 days but, regretfully, this is not applicable to any of the following:
Items where our product description says, "This item is made to order"
What do I do???? Do I seek some sort of compensation as
a) website is misleading
b) they cannot deliver the goods within 30 days as promised.
c) who can I report them too?
Thanks in advance.
0
Comments
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Your credit card Co might be an option. I take it you have taken a screenshots of the relevant detailing what you say, it's just in case they change it.0
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Made to order goods are not exempt from the right to cancel.
Only:goods that are made to the consumer’s specifications or are clearly personalised;
Just because goods are made to order does not necessarily mean they are personalised or made to the customers specifications.
The guidance found here explains in the following example: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf13. Items made to a particular, often unique specification are exempt from
cancellation rights on the basis that a trader might otherwise be left with a
product so specific to a particular consumer’s needs that there is no other
market for it once the consumer has cancelled the contract. Judgements of
what is truly bespoke will, therefore, inevitably be on a case by case basis. In
the above case, the customer should be able to cancel a shirt bearing a team
player name on it. However, a shirt bearing their own name would be likely to
constitute a personalised item to which cancellation rights do not apply.
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
As this item is part of the general range they offer to everyone, it is not bespoke for the purpose of the regulations and therefore, you still have your cancellation rights.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
They seem to be a member of a good trade association
"Procedure
Should you have a complaint, please call our Customer Care team to discuss in the first instance. If you are not satisfied, then please send an email to customercare@completecarenetwork.co.uk and include the word "Complaint" in the Subject line. That will then be dealt with by a Manager and escalated to a Director if necessary.
Should you feel that we have not handled a complaint well for you, then as we are members of the BHTA, we are also a willing participant in their complaints and mediation and arbitration process. This therefore provides you and Complete Care Shop with an Alternative Dispute Resolution. We are happy to supply their contact details to approach for mediation. We will participate in any mediation that you wish to be involved in."0 -
It was meant to be an 80th bday present for my dad, but that's past now.
I would still like to have this chair as he is elderly but not sure about doing so with this company. If I do decide to continue with this order I don't know where I stand should this product have a fault because according to them they think it's a made to order item! Therefore I would not be able to return it.
Really don't know what to do...0 -
It was meant to be an 80th bday present for my dad, but that's past now.
I would still like to have this chair as he is elderly but not sure about doing so with this company. If I do decide to continue with this order I don't know where I stand should this product have a fault because according to them they think it's a made to order item! Therefore I would not be able to return it.
Really don't know what to do...
Cancel and order from a company that has legal t & cs?0 -
Cancel and order from a company that has legal t & cs?
Agreed. Look at the hassle you are having just getting hold of the chair. If there's a problem down the line, do you think they are going to be any more responsive?
Contact your credit card provider and ask about a chargeback or section 75 claim.0 -
I tried to cancel the chair and now she's saying that i have to pay a the manufacturers cancellation fee because it was a made to order chair. On the phone she said they dont have these chairs instock, so why does it say it is instock on the website!!!
I told her why dont they carry on making the chair and they will have it instock. She gave some speil about it not being a good seller.
She came back and has said they can deliver the chair for the 3 June instead of 25 June. How can that be possible? :mad:0 -
Have you told them that made to order does not exempt it from the right to cancel under the Consumer Contract (Information, Cancellation & Additional Charges) Regulations? Only goods that are made to the consumers specification (or clearly personalised) are exempt from the right to cancel. These goods are not personalised and nor are they being made to your specification, they're being made to the retailers/manufacturers specification.
Don't be rude about it but be firm, perhaps provide them the link to the guidance I quoted above.
If a sofa (in the guidance example) that is made after a customer places an order picking from available finishes, upholsteries etc isn't considered as made to the consumers specification, then I really don't see how they can then argue a piece that had no choices for the consumer to make can qualify under that exemption - regardless of when its manufacture takes place.
If you haven't already, email them and make it clear you are cancelling. And keep that email as proof that you cancelled.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I'm glad to say that I got my money back, but it was a hell of a fight. Thank you for all the help. I quoted some stuff from here and she had to back down.
Terrible company to deal with. Glad it's all over!!0
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