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Bespoke Sofa unsuitable

12346

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    LynnSG said:
    LynnSG said:

    Seems illogical to call a longer left side sofa a right handed one......surely?! 
    I don't think there is any logic to this.

    Except, going by the photo on the Dunelli website plus the graphic, I'd say you want Right hand.

    Maybe, the "long seat" or "extension" is on the right hand (as viewed from the front and not while sitting on the sofa).  

    All we are doing is establishing that this is not simple and worrying about where the mistake happened is all extra detail that confuses the issue.  All you need to do is get the return initiated under CCR 14-days.  Do it in writing.
    We are composing email to Denelli right now. Is it the CCR 2013 act or Consumer Rights Act 2015 that's most relevant in this case? Or either ? Just want no ambiguity with this email if possible 
    It depends on what you want to do?

    If you want to simply cancel and under distance selling regulations then the CCR 2013 that you should be looking at. If you want to reject the sofa as you believe it isn't what was described, and importantly you can prove this, then the CRA 2015 is the relevant legislation. The main difference between the two here is, with the CCRs, whilst it's more straight forward to cancel, you're on the hook for paying to have the sofa returned. On the other hand, you shouldn't have to be out of pocket at all with the CRA but you do have onus of having to prove they sent you the wrong sofa.
  • LynnSG
    LynnSG Posts: 29 Forumite
    10 Posts
    Thanks Neil and Grumpy chap. Will return sofa under CCR as this seems the most straightforward method. Have highlighted in email that restocking fee is not applicable. However, as suggested by Grumpy chap, will accept refund less restocking fee if necessary, then claim back from Barclaycard. Will deal with return costs if necessary, but not too bothered about that. Thanks for great advice - much appreciated 
  • LynnSG
    LynnSG Posts: 29 Forumite
    10 Posts
    robatwork said:
    Just an aside.

    I ordered a Denelli sofa years ago. After a couple of years the very thin white leather surface started coming away in a couple of patches revealing a darker layer below. Given its relatively light use I asked the company if they could do anything about it - I didn't expect a replacement but perhaps an inspection and them to patch the relevant sections - the leather is in squares so could be patched. They just told me to talk to "Homeserve" who would repair it - at a cost. I could have done that myself anyway.

    So although their sofas do look fantastic and much more modern than the DFS type sheds, it's a firm "could do better" on customer service. 
    Thanks for info. Our experience of their customer service is that they have none! But as you say, their sofas are amazing to look at and our one feels v comfy too. Certainly would never recommend them to anyone
  • photome
    photome Posts: 16,683 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
  • LynnSG
    LynnSG Posts: 29 Forumite
    10 Posts
    photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered

    This is lower down in their t & c ........




    9. Our refunds policy:

    9.1. When you return a Product to us because you have cancelled the Contract within the statutory fourteen-day cooling-off period (see clause 4.2 above), once the Product is back with us and has been QC checked, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back from you or, if earlier, confirmation of return. In such a case, we will refund the price of the Product, excluding the cost of delivery of the Product and any re-stocking fee that may apply. However, you will be responsible for the cost of returning the Product to us or us collecting it from you. We are happy to arrange a collection for you where possible, and we shall discuss a collection charge at the time of enquiry accordingly.

  • photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
    Thankfully your opinion doesn't matter, the law does. The OP needs to be reimbursed for the cost of delivery but it's entirely legal for the cost of returning the item to be borne by the purchaser.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
    Thankfully your opinion doesn't matter, the law does. The OP needs to be reimbursed for the cost of delivery but it's entirely legal for the cost of returning the item to be borne by the purchaser.
    I think you're missing his point. As we've already said if the OP had rejected the sofa via the CRA route, as it's not as ordered (potentially), then it would be wrong for them to charge for a return.
  • ItsComingRome
    ItsComingRome Posts: 505 Forumite
    500 Posts Name Dropper
    edited 17 October 2021 at 12:55PM
    neilmcl said:
    photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
    Thankfully your opinion doesn't matter, the law does. The OP needs to be reimbursed for the cost of delivery but it's entirely legal for the cost of returning the item to be borne by the purchaser.
    I think you're missing his point. As we've already said if the OP had rejected the sofa via the CRA route, as it's not as ordered (potentially), then it would be wrong for them to charge for a return.
    I'm not missing any point. The OP said it would be easier to cancel via the CCR, and intends on doing so. It's entirely legal for the consumer to bear the cost of returning it under those regulations.

    And it still doesn't matter what anyone's opinion on this is.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    neilmcl said:
    photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
    Thankfully your opinion doesn't matter, the law does. The OP needs to be reimbursed for the cost of delivery but it's entirely legal for the cost of returning the item to be borne by the purchaser.
    I think you're missing his point. As we've already said if the OP had rejected the sofa via the CRA route, as it's not as ordered (potentially), then it would be wrong for them to charge for a return.
    I'm not missing any point. The OP said it would be easier to cancel via the CCR, and intends on doing so. It's entirely legal for the consumer to bear the cost of returning it under those regulations.

    And it still doesn't matter what anyone's opinion on this is.
    Well actually it does because it is wrong that the OP has to pay for returning something that isn't what was ordered, that fact that they're going down the CCR route rather than the CRA route doesn't negate that opinion.
  • neilmcl said:
    neilmcl said:
    photome said:
    4.3 in their t and c 

    To cancel a Contract, you must inform us in writing, by post to Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW or by email to info@denelli.co.uk You must also return the Product(s) to us at [Denelli Italia, 10 Tanners Drive, Milton Keynes, MK14 5BW] within 14 days of notifying us in writing that you wish to cancel the contract, in a new and unused condition and in the original packaging, and at your own cost and risk. Your refund will be in full and will be made within 14 days of us receiving the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. This does not apply to orders placed in store in our showroom.


    no mention of restocking fees there although it does say you need to pay to return , which IMO is wrong as it’s not what you ordered
    Thankfully your opinion doesn't matter, the law does. The OP needs to be reimbursed for the cost of delivery but it's entirely legal for the cost of returning the item to be borne by the purchaser.
    I think you're missing his point. As we've already said if the OP had rejected the sofa via the CRA route, as it's not as ordered (potentially), then it would be wrong for them to charge for a return.
    I'm not missing any point. The OP said it would be easier to cancel via the CCR, and intends on doing so. It's entirely legal for the consumer to bear the cost of returning it under those regulations.

    And it still doesn't matter what anyone's opinion on this is.
    Well actually it does because it is wrong that the OP has to pay for returning something that isn't what was ordered, that fact that they're going down the CCR route rather than the CRA route doesn't negate that opinion.
    It's not wrong if they return it under the CCRs.  That's the law.

    They have the option of returning it under the CRA and not paying for the return. In order to do that they may face an uphill battle of trying to prove it isn't what they ordered.  That's the cost of making vague "I want that one" orders instead of asking for exactly what you want.
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