Returning a kitchen - they are saying it’s bespoke

horsingaround123

Aylesbury_Duck said:

In my experience, every time I've chosen a kitchen or painted a wall in a new colour, it always looks odd until you're used to it.  You've swung a long way from gloss white to very dark matt grey!  Online images aren't always representative, depending greatly on the lighting conditions when the photo was taken, what filters or photoshop effects have been used and then what colour and brightness settings you have on the device you're using to view them!  Just too many variables to get an idea of what it might look like in your actual setting, in your actual lighting, etc.

Would it really be a disaster if you just stuck with what you've chosen to avoid the arguments about returns and the costs involved in doing so?  The way you're talking suggests you still don't know what you really want, so any choice might end up as good or as bad as what you have.

As I’m buying online than I only have the online colours as a reference?

i was hoping to receive advise about the colours taking some time to get used to. 

the_lunatic_is_in_my_head

horsingaround123 said:

the_lunatic_is_in_my_head said:

Can a kitchen be returned via normal post and if not do they advise of the cost of return? 

If it can't and they don't they'd be required to pay the return costs.

They also appear to state:

6.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products unless the Products are made to your specification or have been clearly personalised (which shall be dealt with in accordance with clause 6.3). If the receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

However it's 14 days now so they don't appear to be providing the required information and thus as far as I understand can't make a deduction. 

Hi just so I understand...
if it can’t be returned via normal post they have to pay? Wow ok!

‘Products are not made to your specification or personalised, you will subject to the Products being returned unused, in their original packaging and in the condition they were delivered to you’
Depends what one would consider to my specification? They also paint to your Own specification of colour. I think that would 100% not be ok to return. However my choosing the size and colour from a pre set size? 

The cancellation period is 14 days from the day after delivery rather than the 7 they state:

www.legislation.gov.uk/uksi/2013/3134/regulation/30/made

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

By only stating 7 they are failing to provide the required information and thus are not permitted the luxury of reducing the refund for diminished value due to excessive handling. 

www.legislation.gov.uk/uksi/2013/3134/regulation/35/made

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

If it was deemed the goods could not be returned by normal post and the trader did not provide an indication of the cost of their return the consumer is not required to bear the cost. 

As others have said picking from a selection of available options is not classed as to your specification and thus the contract can be cancelled.

DoaM

You missed the word not ... as in "By only stating 7 they are not providing the required information...."

And in terms of No Normal Post = Seller Must Pay ... not quite. If it's not possible to return the goods by normal post then the seller is required to advise the consumer of the methods of return and the likely costs. If they do this (and abide by all other requirements) then the consumer must still bear the return costs for change of mind goods.

An observation though ... if the seller knows it was you that visited their showroom before placing an online order, then they may raise the issue that this was not a wholly distance contract and so such regulations don't apply. And they'd have a valid case.

horsingaround123

Thanks!
They did say that I would have to pay return shipping. 

Will have a read of the contract.

horsingaround123

Well straight away:

3.1. We may, on our site or on request, provide to you samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, these are produced solely to provide you with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products which are for sale on our site.

horsingaround123

6 .2. To cancel a Contract, you must inform us in writing. You must also return any samples and Products to us as soon as reasonably practicable, and at your own cost.....


I pay for shipping. Ok a self drive van it is. 

horsingaround123

DoaM said:

You missed the word not ... as in "By only stating 7 they are not providing the required information...."

And in terms of No Normal Post = Seller Must Pay ... not quite. If it's not possible to return the goods by normal post then the seller is required to advise the consumer of the methods of return and the likely costs. If they do this (and abide by all other requirements) then the consumer must still bear the return costs for change of mind goods.

An observation though ... if the seller knows it was you that visited their showroom before placing an online order, then they may raise the issue that this was not a wholly distance contract and so such regulations don't apply. And they'd have a valid case.

Why would they put samples aren’t indicative of colour.... so weird 

IvanOpinion

horsingaround123 said:

DoaM said:

You missed the word not ... as in "By only stating 7 they are not providing the required information...."

And in terms of No Normal Post = Seller Must Pay ... not quite. If it's not possible to return the goods by normal post then the seller is required to advise the consumer of the methods of return and the likely costs. If they do this (and abide by all other requirements) then the consumer must still bear the return costs for change of mind goods.

An observation though ... if the seller knows it was you that visited their showroom before placing an online order, then they may raise the issue that this was not a wholly distance contract and so such regulations don't apply. And they'd have a valid case.

Why would they put samples aren’t indicative of colour.... so weird 

To protect themselves. Different batches may have very slightly different colours or a sample may have been affected by outside elements such as the sun, dirt, water etc.

unholyangel

horsingaround123 said:

Well straight away:

3.1. We may, on our site or on request, provide to you samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, these are produced solely to provide you with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products which are for sale on our site.

I doubt that paragraph would be legally enforceable anyway. If they provide it, then it forms part of the description. Some of it may be subjective (such as colour, depending on your monitor settings) but even then, there is limitations. 

As for the returns costs, remember they need to have told you; 
1) that you are liable for return costs and
2) if the goods cannot be returned by normal post, they must also tell you the cost of returning them. 

If the retailer fails to abide by either of these, they are liable for return costs. Of course getting them to agree to that may be a challenge, especially if they're still quoting 7 days cancellation in their terms. 

horsingaround123

unholyangel said:

horsingaround123 said:

Well straight away:

3.1. We may, on our site or on request, provide to you samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, these are produced solely to provide you with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products which are for sale on our site.

I doubt that paragraph would be legally enforceable anyway. If they provide it, then it forms part of the description. Some of it may be subjective (such as colour, depending on your monitor settings) but even then, there is limitations. 

As for the returns costs, remember they need to have told you; 
1) that you are liable for return costs and
2) if the goods cannot be returned by normal post, they must also tell you the cost of returning them. 

If the retailer fails to abide by either of these, they are liable for return costs. Of course getting them to agree to that may be a challenge, especially if they're still quoting 7 days cancellation in their terms. 

Ok so what shall I do?