Bespoke Sofa unsuitable

sheramber

Bradden said:

Did they send any confirmation emails of what you had ordered? If not you may have a valid argument as you had nothing to check against for errors.

The sofa they ordered was a Left Hand facing, which we didn't query, when sent a confirmation email as we trusted that was the correct terminology. It seems we should have ordered a right hand facing. Our argument is  we didn't state left or right we asked for the configuration in the photo of sofa online 

LynnSG

sheramber said:

Bradden said:

Did they send any confirmation emails of what you had ordered? If not you may have a valid argument as you had nothing to check against for errors.

The sofa they ordered was a Left Hand facing, which we didn't query, when sent a confirmation email as we trusted that was the correct terminology. It seems we should have ordered a right hand facing. Our argument is  we didn't state left or right we asked for the configuration in the photo of sofa online 

We had some clarity today - courtesy of DFS "buyers guide to corner sofas" which shows clearly the difference between a 2 arm corner sofa and a chaise sofa - 1 arm.
The diagram shown on the Denelli website is for corner chaise sofas - no arm on one side - so the chaise (open ended ) side is left or right - whichever side the chaise is.
 The right or left hand configuration for a 2 armed sofa ( 2 closed ends) which ours is, refers to the longest side determining left or right facing. If the longest side is to the left as you face sofa, its a left facing. This is what was ordered - verified by email- so the order is correct. The manufacturer has made a right facing one by mistake - longest side on the right, but on the delivery note it says lefthand facing. 
The sofa company are the ones getting confused it seems, as they now seem to think we should have ordered a right hand one !! This would be correct if it were a chaise, but is incorrect term for a 2 armed corner. Ever felt you are going mad???! 

Aylesbury_Duck

LynnSG said:

Aylesbury_Duck said:

What outcome do you want, given they can't supply the correct version for at least six months?

Ideally, a replacement sofa to use in the interim, or keep the wrong one until the right one arrives. The sofa is really nice, and although it cost £3000, quite reasonable price given the spec. Elsewhere similar is much more expensive (Natuzzi)  The company want £750 to make a replacement, which we feel is unfair, as the fault is not ours. 
Failing that, a refund would be acceptable 

Keeping the wrong one might present too much of a risk, because you'd be liable for damage of what is an expensive product in that period.  I'd suggest a better solution would be to buy a cheap sofa you can sell/donate once the new one arrives, the cost of which is passed on to the retailer with their agreement.

Given the muddle they seem to have got themselves into, I would keep on the case.  How did you pay?

LynnSG

Bradden said:

Did they send any confirmation emails of what you had ordered? If not you may have a valid argument as you had nothing to check against for errors.

We've identified the exact issue now. We have confirmation email for a left hand facing sofa. But we've had a right hand facing one delivered. 
The confusion is the terminology changes whether the corner sofa is a chaise (1 open end) or 2 arm - 2 closed ends . On Denelli website, their buyers guide shows the left/ right configuration for a chaise sofa. When it's 2 arm, the longest side determines what facing it is. The order is correct (left facing)  but we gave been delivered a longer right sided sofa with 2 arms, which is right facing configuration 

LynnSG

Aylesbury_Duck said:

LynnSG said:

Aylesbury_Duck said:

What outcome do you want, given they can't supply the correct version for at least six months?

Ideally, a replacement sofa to use in the interim, or keep the wrong one until the right one arrives. The sofa is really nice, and although it cost £3000, quite reasonable price given the spec. Elsewhere similar is much more expensive (Natuzzi)  The company want £750 to make a replacement, which we feel is unfair, as the fault is not ours. 
Failing that, a refund would be acceptable 

Keeping the wrong one might present too much of a risk, because you'd be liable for damage of what is an expensive product in that period.  I'd suggest a better solution would be to buy a cheap sofa you can sell/donate once the new one arrives, the cost of which is passed on to the retailer with their agreement.

Given the muddle they seem to have got themselves into, I would keep on the case.  How did you pay?

Thanks so much for some positive suggestions! We paid a deposit on debit card, but the majority on credit card. 
I agree about the risk keeping their sofa- we have also thought of buying a cheap sofa to tide us over. Shame as we were looking forward to a family gathering this Christmas.  Last Christmas was a wash out due to lockdown, and builders walking off the job on our extension. New sofa was for this new room! 

Grumpy_chap

I think the title of this thread might be misleading.
Who says that the sofa is bespoke?

The OP never visited the store, placed the order online and the sofa has been delivered, so this is a fully remote purchase. 

The CCR apply and allow for 14 days to return the product for any, or no, reason:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

The exceptions to the return via CCR include "tailor made or personalised items".  However, I am not convinced that the sofa falls into this category.  The OP has simply selected from drop down menus on the website:

• Left or right handed
• With or without recliner
• Choice of fabric from standard list

The selected sofa is "made to order" but not "bespoke" as I understand it.  If the sofa is "made to order", then I understand the off-premises return rules still apply.  Not the case if the sofa is "bespoke".  I do not consider the sofa to be bespoke as it is not personalised in the same way as this belt:
https://forums.moneysavingexpert.com/discussion/6300417/gucci-belt-personalised/p1

I am not an expert on what is or is not within the criteria for "tailor made or personalised", but hopefully others will comment more fully.  In the mean time, the following thread discusses the matter in more detail and provides further links which may assist (the top post on page two even references the example of a sofa):
https://forums.moneysavingexpert.com/discussion/6094281/clarity-on-bespoke-items-under-ccr/p1

Is the OP still within 14 days from delivery?
If so, it is probably worth contacting the supplier stating they wish to return under the CCR 14-days right to refund / right to cancel.  No need to go into the detail of reasons as that simply adds to the complexity and may cause confusion. 
There may be a return transport cost - what do the supplier's T's&C's say?
Once this sofa is returned and the refund obtained, the OP can order a replacement - I note the price is lower as well on the website than when the OP ordered.  Maybe this saving will be sufficient to cover any return transport costs.

This will then leave the OP without a sofa in the meantime.  Maybe an interim item can be obtained from a charity shop and then donated back once no longer required.

Hope that helps, and hope others can comment with better certainty whether the sofa "build to order" is returnable under the CCR, or is sufficiently "personalised" as to be "bespoke" and therefore excluded from the right to return.

LynnSG

Grumpy_chap said:

I think the title of this thread might be misleading.
Who says that the sofa is bespoke?

The OP never visited the store, placed the order online and the sofa has been delivered, so this is a fully remote purchase. 

The CCR apply and allow for 14 days to return the product for any,

The exceptions to the return via CCR include "tailor made or personalised items".  However, I am not convinced that the sofa falls into this category.  The OP has simply selected from drop down menus on the website:

• Left or right handed
• With or without recliner
• Choice of fabric from standard list

The selected sofa is "made to order" but not "bespoke" as I understand it.  If the sofa is "made to order", then I understand the off-premises return rules still apply.  Not the case if the sofa is "bespoke".  I do not consider the sofa to be bespoke as it is not personalised in the same way as this 

I am not an expert on what is or is not within the criteria for "tailor made or personalised", but hopefully others will comment more fully.  In the mean time, the following thread discusses the matter in more detail and provides further links which may assist (the top post on page two even references the example of 

Is the OP still within 14 days from delivery?
If so, it is probably worth contacting the supplier stating they wish to return under the CCR 14-days right to refund / right to cancel.  No need to go into the detail of reasons as that simply adds to the complexity and may cause confusion. 
There may be a return transport cost - what do the supplier's T's&C's say?
Once this sofa is returned and the refund obtained, the OP can order a replacement - I note the price is lower as well on the website than when the OP ordered.  Maybe this saving will be sufficient to cover any return transport costs.

This will then leave the OP without a sofa in the meantime.  Maybe an interim item can be obtained from a charity shop and then donated back once no longer required.

Hope that helps, and hope others can comment with better certainty whether the sofa "build to order" is returnable under the CCR, or is sufficiently "personalised" as to be "bespoke" and therefore excluded from the right to return.

Yes you're so right! It's not bespoke- I can see that now. We emailed the company yesterday to request a refund on the grounds of sofa being unfit for purpose and not matching description. Really helpful to know that we have the 14 day right to return - we've only had sofa 5 days. 
The links really clarified what you said - we had no bespoke / personalised elements to the order - it was indeed made to order. Thanks so much for your help - I'm so impressed with the input on this forum- restores faith in human kindness! 
Ps I had to delete your links in your quote above, as it counts as my links - I'm not allowed to yet as a new member! 

LynnSG

Update following request for refund under the right to return within 14 days, Denelli have offered a refund, less 25% restocking fee. This amounts to £680! From what I've read, restocking fee shouldn't be applicable to online purchases, which I have told the company. I have applied to my credit card company for a refund. Not sure if I can claim for the deposit paid on debit card. I'm considering getting Trading standards involved, as I'm sure their order processes are very misleading and inconsistent. Also the restocking fee seems illegal. What a mess! 

neilmcl

LynnSG said:

Update following request for refund under the right to return within 14 days, Denelli have offered a refund, less 25% restocking fee. This amounts to £680! From what I've read, restocking fee shouldn't be applicable to online purchases, which I have told the company. I have applied to my credit card company for a refund. Not sure if I can claim for the deposit paid on debit card. I'm considering getting Trading standards involved, as I'm sure their order processes are very misleading and inconsistent. Also the restocking fee seems illegal. What a mess! 

When, exactly, was the sofa delivered?

LynnSG

neilmcl said:

LynnSG said:

Update following request for refund under the right to return within 14 days, Denelli have offered a refund, less 25% restocking fee. This amounts to £680! From what I've read, restocking fee shouldn't be applicable to online purchases, which I have told the company. I have applied to my credit card company for a refund. Not sure if I can claim for the deposit paid on debit card. I'm considering getting Trading standards involved, as I'm sure their order processes are very misleading and inconsistent. Also the restocking fee seems illegal. What a mess! 

When, exactly, was the sofa delivered?

Last Sunday, 10th October
We contacted company following day