Online purchase - not as described, or is it?

LillyG

I purchased wooden furniture from an online retailer. The website has multiple photographs and a mini video of each item along with a written description. However, the mini video was not playing properly when I was researching the products, so made my decision to purchase based on the multiple photographs and written description. The photographs show one side, the front and top of each item of furniture. I also read the T&C, which stated products could be returned free of charge if faulty or not as described, but return delivery charges would be applied if I simply changed my mind after delivery.

On delivery and unpackaging I discovered the oak tops on all items were different to the photographs, such that I would not have purchased them had this design been clear to see or described on the website. I also noted some damage, and poor finish to the furniture.

I telephoned the company's customer service department to request return of all items, via free return. I was told that they would require photographs of any damage via email, which I think is reasonable. But I was also told that the oak tops were not faulty, that the company considered them to be as described. It was explained to me that the furniture has oak tops with central panels - expansion panels. This was to enable the furniture to expand and contract, so not to split. This information is not on their website, and I made it clear that this was news to me. Customer service's opinion is that this key information about the expansion panels was provided to me within 'Your Online Booking Acknowledgement' email, provided after I completed the purchase.

I checked the referred to email but could not see any reference to expansion panels. Within the email are two links. One to T&C's which I read, and is simply a link back to the website T&C's. The second link is to 'Your Owner's Manual'. The email states: Your Owner's Manual is designed to explain the natural features of hardwood and essential care tips on how to prolong its life. I didn't feel the need to download this manual at the time as I had the information I believed I needed - order details, delivery date and method, T&C's.

Customer service informed me that the Owners Manual download contains information about the expansion panel design AND the essential terms and conditions. And indeed when I looked the first line of this document is Congratulations on your recent purchase from XXXXXXX! It is essential to read this booklet as it contains the terms of agreement between you and us.

I feel the the terms detailed in this document are heavily weighted in favour of the company and are misleading. For example faults are to be reported within two days of delivery. Had the information in this document been available to me online I would not have made a purchase via this company. Had the email clearly stated that I must read and agree attached documents I would have done so, and based on the information provided I would certainly have cancelled the order before delivery. The terms and conditions detailed in the owners manual are different to the ones on the website.

Customer services agreed with me that the furniture in their web photographs does not match the same item shown in their mini video, but they feel that they met their responsibilities by providing information about the furniture after I placed my order. The mini video does show the oak top has a different design of routing which looks to be decorative: nowhere that I could see, or that customer services could point out to me, on the website is routing detailed in a decorative description, or functional description, nor is reference made to use of expansion panels.

As it stands, according to 'owners manual' the company will decide if the items are faulty, if so and the faults are minor they will send out a repairer. (Based on my interaction with customer services I'm reasonably sure they will class the damage as minor.) If the items cannot be repaired the company at its discretion will decide to make a full or partial refund, or replacement. The manual makes it clear expansion panels, even if not symmetrical are not a fault.

I paid for the furniture by credit card (£1400). What I would like to achieve is to return all the furniture as I believe it is not as described and in unsatisfactory condition. I would like the company to meet the cost of returning the furniture to them. Any advice regarding this would be very much appreciated. Thank you.

pinkshoes

As you bought it online then you can return it under distance selling although at your cost to return.

But... it needs to match the description, so they cannot just send you T&Cs and further information after sale.

I would push the fact that they do not match the photos and somevare damaged and push for a return and full refund.

Greta_Sharbo

You can also pursue your credit card issuer - they are jointly liable for any breach of contract by the trader.

They might (dont always but usually) ask you to demonstrate the product is not as described which it sounds like you feel you can do.

unholyangel

OP do you have a link to the item so we can take a look?

As for the email, were both links to a website or was the T&C's link to a website while owners manual was an attachment?