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Misleading website - item instock turns to made to order!!!

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.
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:
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"
Nowhere does it say "This item is made to order" when I ordered the chair.

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.
«1

Comments

  • Le_Kirk
    Le_Kirk Posts: 23,225 Forumite
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    van1lla wrote: »
    c) who can I report them too?
    Trading Standards - but only any good if lots of consumers report
    Citizens Advice
    Advertising Standards Authority
  • DCFC79
    DCFC79 Posts: 40,610 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
  • unholyangel
    unholyangel Posts: 16,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.pdf

    13. 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 Bride
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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."
  • van1lla
    van1lla Posts: 26 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    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... :(
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    van1lla wrote: »
    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?
  • ThumbRemote
    ThumbRemote Posts: 4,667 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hollydays wrote: »
    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.
  • van1lla
    van1lla Posts: 26 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    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:
  • unholyangel
    unholyangel Posts: 16,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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 Bride
  • van1lla
    van1lla Posts: 26 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    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!!
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