SOFOLOGY - Misleading website , 30% fee to change or cancel an order - Now refusing to cancel order

BigMark

Ordered a "LINARA 3 SEATER, CORNER, 1 SEATER TERMINAL" on bank holiday sunday. 5 days later looking online at the dimension realised it's too big for my room.

My error for not measuring, but they're description is misleading!

Total length is 331cm for the long side. The corner part is 109cm so it means the other part of the sofa is 222cm and that's with only 1 armrest which is about the size of their 4 seater, not the 3 seater! So they description is very wrong!

Anyway, as soon realised I tried contacting someone, an extremely hard task as only option is the online chat. Tho replies were slow (first one an hour) and seems to be different person reply each time, some of which are rude.

To cut a long story short...........

1. They don't see any issue with their website description.
2. Won't amend my order from the 3 seat to 2 seat unit unless I pay 30%, £750
3. Their T&C's state that cancellations can be made at a cost of 30% so I asked to cancel and got told that I can't cancel. So I have sent them a screen shot of their own T&C's

Can they refuse to cancel my order when their T&C's (that they are only too happy to refer to when in their favour) states clearly that I can?

http://help.sofology.co.uk/before-delivery/changing-my-order/how-do-i-cancel-my-order

Caz3121

BigMark wrote: »

5 days later looking online at the dimension realised it's too big for my room.

Had you checked and contacted them within the 48 period then it would have been simpler, once you went past 48 hours...
http://help.sofology.co.uk/before-delivery/changing-my-order/i-want-to-change-the-order-i-placed-over-48-hours-ago

BigMark

Indeed it would of been, but if their website description was not misleading then it wouldn't of happened either.

cono1717

I don't see any mention of the corner section measurements? https://www.sofology.co.uk/sofas/LINARA?code=SKU000242162

Also they have offered you an alternative

Where we cannot reach a final, alternative solution and cancellation is the only option, a charge of 30% of the order value plus any delivery and re-delivery costs will be incurred. As a last resort, we aim to seek every other alternative first.

You are not entitled to cancel unless you can prove the description was misleading, which you may struggle with. So I'd snap up their offer while you can.

marcarm

Did you order online? Everything done at a distance?

It's not bespoke I assume so are sofas exempt from the CCRs?

I just did a dummy order and everything is selected from their options, so not a bespoke order, they are made to order but not bespoke.

BigMark

I ordered it in store. I literally just picked the colour of the leather (same as one in store) and which model from the range.

There were no other options, so don't see it being bespoke.

What's CCRs?

DoaM

If you'd ordered online you would have a legal right to cancel. (CCRs ... The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)

As you ordered in store then there is no such right and you're bound by the T&Cs of the contract.

BigMark

So what about this......... http://help.sofology.co.uk/before-delivery/changing-my-order/how-do-i-cancel-my-order.

Surely I should have the right to cancel my order at a cost of 30%?

DoaM

BigMark wrote: »

Surely I should have the right to cancel my order at a cost of 30%?

It would appear you do. It could even cost you less than 30% but it depends on how much you're up for a fight.

In a contract situation, if one party breaches the contract - e.g. you cancelling the contract - then the other party can only seek actual costs incurred or a genuine pre-estimation of loss. (Or perhaps loss of profit instead). Anything beyond that is a penalty which is forbidden by Consumer contract law.

Are you doing all the discussion online/over the phone? If yes, why not try going back to the store? (They may be more amenable to an agreeable compromise ... it is unlikely that the order had progressed very far at all in the system by the time you made your original change request, so the store may be happy to agree to the change to retain the business).

BigMark

I'm happier to pay them 30% to cancel, rather than 30% to amend.

But they've refused so far to cancel. That's my point, can they refuse to cancel when their T&C's say they offer cancellation at 30% cost

BigMark

DoaM wrote: »

It would appear you do. It could even cost you less than 30% but it depends on how much you're up for a fight.

In a contract situation, if one party breaches the contract - e.g. you cancelling the contract - then the other party can only seek actual costs incurred or a genuine pre-estimation of loss. (Or perhaps loss of profit instead). Anything beyond that is a penalty which is forbidden by Consumer contract law.

Got a link to the actual part of law that states this? This arguement is still ongoing.