Returning a kitchen - they are saying it’s bespoke

the_lunatic_is_in_my_head

How was the kitchen delivered?

"Normal post" won't just mean Royal Mail, a kitchen cupboard could generally be sent via courier.

Do they use their own people? Did they ship on a pallet? Or did you get a lot of boxes delivered by DPD, Yodel, or the like? 

Regarding what to do, as a start go back to them and politely advise that your order was not "made to the consumer’s specifications or are clearly personalised" and thus you entitled to cancel the contract and if they wish to refuse can they provide the address to which you should serve small claims papers. 

horsingaround123

the_lunatic_is_in_my_head said:

How was the kitchen delivered?

"Normal post" won't just mean Royal Mail, a kitchen cupboard could generally be sent via courier.

Do they use their own people? Did they ship on a pallet? Or did you get a lot of boxes delivered by DPD, Yodel, or the like? 

Regarding what to do, as a start go back to them and politely advise that your order was not "made to the consumer’s specifications or are clearly personalised" and thus you entitled to cancel the contract and if they wish to refuse can they provide the address to which you should serve small claims papers. 

Their own vans delivered the items.

They aren’t saying it’s personalised, they are saying the colour is a true match, and I should have got samples. I queried the sample clause in their T&C and they said it was due to multiple people handling the product.

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. 

Hi,
where can I get the legalisation for point two? 

unholyangel

the_lunatic_is_in_my_head said:

How was the kitchen delivered?

"Normal post" won't just mean Royal Mail, a kitchen cupboard could generally be sent via courier.

Do they use their own people? Did they ship on a pallet? Or did you get a lot of boxes delivered by DPD, Yodel, or the like? 

Regarding what to do, as a start go back to them and politely advise that your order was not "made to the consumer’s specifications or are clearly personalised" and thus you entitled to cancel the contract and if they wish to refuse can they provide the address to which you should serve small claims papers. 

There was somewhere it was detailed, but it's been so long since it's came up that I've forgotten where. Basically by post they mean easily taken to the local post office. It's designed to cover items that are too bulky or heavy and would require a courier collection. 

unholyangel

horsingaround123 said:

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. 

Hi,
where can I get the legalisation for point two? 

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

The section that says they need to pay if they didn't provide the information is s35. Paragraphs 5(b) and 6. The other provisions are the ones that dictate how/when the information needs to be provided. 

zoob

I suspect you bought the doors at pre selectable sizes, up to this point things are returnable
Opting at a later point to have hinges fitted or hinge holes cut into doors youve already bought would be a bespoke option thus making them non returnable unless faulty 

horsingaround123

unholyangel said:

the_lunatic_is_in_my_head said:

How was the kitchen delivered?

"Normal post" won't just mean Royal Mail, a kitchen cupboard could generally be sent via courier.

Do they use their own people? Did they ship on a pallet? Or did you get a lot of boxes delivered by DPD, Yodel, or the like? 

Regarding what to do, as a start go back to them and politely advise that your order was not "made to the consumer’s specifications or are clearly personalised" and thus you entitled to cancel the contract and if they wish to refuse can they provide the address to which you should serve small claims papers. 

There was somewhere it was detailed, but it's been so long since it's came up that I've forgotten where. Basically by post they mean easily taken to the local post office. It's designed to cover items that are too bulky or heavy and would require a courier collection. 

Thank you. The link you provided makes it easy to follow the laws. Sorry couldn’t quote the actual post as it has a link

horsingaround123

zoob said:

I suspect you bought the doors at pre selectable sizes, up to this point things are returnable
Opting at a later point to have hinges fitted or hinge holes cut into doors youve already bought would be a bespoke option thus making them non returnable unless faulty 

It’s an opinion they provide, therefore not bespoke? 

Set sizes
set colours
set hinge position 

What is bespoke - your own colour you want it sprayed 

horsingaround123

Ok I do actually like the colour or the units now.... I’m convinced they have changed in colour since I’ve taken the units out of the box and unwrapped... got darker.

But still, good to know where I stand

Aylesbury_Duck

horsingaround123 said:

Ok I do actually like the colour or the units now.... I’m convinced they have changed in colour since I’ve taken the units out of the box and unwrapped... got darker.

But still, good to know where I stand

I told you you'd get used to it.  Just go with your choice and install it, because otherwise I fear you'll be constantly wanting to change your mind because you're wondering about other possible options.