Nationwide Bathrooms not allowing order cancellation

zinzan11

Hi ordered a number of items, including a Vanity Unit, from Nationwide Bathrooms and they are all advertised as 3-7 day delivery (there are other items on their site marked 20-30 days and made to order which can't be cancelled). After 2 days I phoned them to find out when the order would be delivered as the plumber was due the following week. They told me that the order would be the following week but that the Vanity Unit was out of stock. They couldn't tell me there and then when it would be back in stock, so I asked for a call back when they had the answer.
On the Monday I had a message left on my phone to say that the order was being delivered the following Day. On the Tuesday, all my items except the Vanity Unit were delivered. I again called Nationwide Bathrooms and was told that they would call me back with an answer. By Thursday there was no call, and because the plumber was arriving soon I ordered a new Vanity Unit from elsewhere. I called up Nationwide Bathrooms and told them that I wanted to cancel. They sent me a link to the cancelation form. I filled it in and sent it off.
On the Friday I got a response from Nationwide saying that they couldn't cancel the order because it was Made to Order, and that they had sent me an email previously to tell me that two other items were out of stock and that the Vanity Unit was Made to Order, would be delivered in about 6 weeks and I couldn't cancel (I never received this email). Then followed a number of emails back and forth. They sent me a copy of the email that they had sent and at the bottom of that email they had asked me to advise them how to proceed. I pointed this out to them that they had notified me that it was now made to order and asking me how to proceed, and I hadn't replied. They claim that this message only referred to the out of stock items. I had a phone call with a manager there and she claimed that in that email they were only asking me how I wanted to proceed on the two out of stock items and that again this did not refer to the vanity unit as they had already told me it was made to order. I pointed out to her (notwithstanding I never received the email) that it was this exact email that first informed me it was made to order. She explained that the manufacturer had changed their policy to no returns and that when stock ran out, everything was then made to order, they hadn't updated their website yet. She then was quite aggressive and rude and stuck to her guns that I had been told that it was made to order and that I couldn't cancel. I have quite a good email trail that is quite damning including a transcript of a live chat. I have screenshots of the item, which still advertises as 3-7 days, with no mention of made to order.
I think that I have exhausted all normal routes with them, and having read about other peoples experiences on Trust Pilot feel I need to take another route.
So, what are my options? Basically I have tried to cancel and they have refused. The item was paid by credit card , but was part of a much bigger order, in which I have received the other items.

unholyangel

Made to order goods are not exempt from the right to cancel given under the Consumer Contract (Information, Cancellation & Additional Charges) Regulations 2013.

Goods made to the consumers specification or clearly personalised are exempt, but if you're just selecting from options they offer to the general public (ie they're not making the unit to measurements you provided and are not sourcing a special finish you requested that they don't normally offer) then its being made to their specifications, not yours.

Do you have a link to their T&C's where they say you can't return made to order goods?

KeithP

zinzan11 wrote: »

So, what are my options? Basically I have tried to cancel and they have refused. The item was paid by credit card , but was part of a much bigger order, in which I have received the other items.

As Unholyangel almost says, you will get your refund for that cancelled item.

What was the price for that Vanity Unit?

If over £100, get your credit card issuer involved.

Have a read of MSE's Section 75 article and find that the CC Co are equally responsible for performance of the contract.
So as a refund is due, as the law says you can cancel, then chase the CC Co for that refund.

KeithP

Nationwide Bathrooms' T&Cs include:

6. Cancellation of order

If you order using NationwideBathrooms.com you have the right to cancel your order up to 7 days following the receipt of an item under the Distance Selling Regulations providing none of the items are bespoke items, special order items or refired sanitaryware. see section 13. Please visit https://www.nationwide-bathrooms.co.uk/support/.

and...

13. Bespoke Items & Special Orders

Bespoke Items / Special Orders include but are not limited to the following:

Any product on our website with an expected delivery timescale in excess of our standard 7-10 working days.

Sanitaryware with optional logo printing.

All Products from Sanitan.

All Whirlpool Systems.

Radiators / Towel Rails with none standard colours (If you are unsure if the colour you have chosen is none standard please call)

Bespoke Shower Enclosures.

Shower Enclosures with optional Glass Finishes i.e. EasyClean.

Sanitaryware with optional Coatings i.e. Duravit Wondergliss.

So the first item on the 'bespoke' list is what the seller seems to be relying on - Any product on our website with an expected delivery timescale in excess of our standard 7-10 working days.

Clearly that contravenes the legislation.

Also note that the statement you have the right to cancel your order up to 7 days following the receipt of an item under the Distance Selling Regulations is also about four years out of date.

The CCRs allows a consumer to cancel an order up to fourteen days following delivery.

Misrepresenting a consumer's rights can be a criminal offence.