A company refuses to refund us £545 after having sent the goods back

Jenni_D

I'm not 100% sure what the situation is ... I think the OP is saying that the seller will either redeliver the goods OR give a refund, but in either case there's a £40 (?) cost involved.

Thrugelmir

lucinka77 said:

born_again said:

@Manxman_in_exile

Op seems to be avoiding answering the question on which one it was. But given the website states sizes, why ring?

Even if on a pallet, one would expect the delivery guys to take it off to make life easier to carry. Unless it is balsa wood and very flimsy.

 But when the XL cabin arrived, we could see it was far too large for our dog - we don't need a huge cabin, in fact, a smaller one would be better as it would generate more heat once he was in it.

Is that the real nub of the issue, You changed your minds? 

Jenni_D

Thrugelmir said:

lucinka77 said:

born_again said:

@Manxman_in_exile

Op seems to be avoiding answering the question on which one it was. But given the website states sizes, why ring?

Even if on a pallet, one would expect the delivery guys to take it off to make life easier to carry. Unless it is balsa wood and very flimsy.

 But when the XL cabin arrived, we could see it was far too large for our dog - we don't need a huge cabin, in fact, a smaller one would be better as it would generate more heat once he was in it.

Is that the real nub of the issue, You changed your minds? 

I disagree ... it may be a consequence of the seller failing to deliver, but it wasn't the root issue.

sheramber

The firm claim the order is not refundable because it is a bespoke order.

The OP asked for a door to included where there is not normally one.

Jenni_D

The seller failed to deliver per their delivery promise ... the bespoke nature of the goods is irrelevant as the seller has breached the contract.

Alderbank

Jenni_D said:

The seller failed to deliver per their delivery promise ... the bespoke nature of the goods is irrelevant as the seller has breached the contract.

This exactly.
The seller's T&Cs describe their standard delivery which is that two of their own operatives deliver the building in component form on a pallet and they are trained and competent to re-assemble it in situ.

None of this happened - the kennel arrived fully assembled. The lone contract driver had neither the skill, strength nor willingness to complete the delivery as per T&Cs.

OP, why was attempted delivery so unusual? Did you discuss and agree to this deviation from T&Cs?

lucinka77

Alderbank said:

Jenni_D said:

The seller failed to deliver per their delivery promise ... the bespoke nature of the goods is irrelevant as the seller has breached the contract.

This exactly.
The seller's T&Cs describe their standard delivery which is that two of their own operatives deliver the building in component form on a pallet and they are trained and competent to re-assemble it in situ.

None of this happened - the kennel arrived fully assembled. The lone contract driver had neither the skill, strength nor willingness to complete the delivery as per T&Cs.

OP, why was attempted delivery so unusual? Did you discuss and agree to this deviation from T&Cs?

Replying to your last question, Alderbank: The attempted delivery was unusual because of unclear communication on the phone with the sales team. We asked if it was possible to have the cabin delivered sooner than their normal delivery time (which I think was a few weeks). They agreed, without telling us that this would mean a different delivery company handling it. The sales team promised 2 people to handle it, which did not happen - I guess because they failed to communicate this to the external delivery company.

lucinka77

Thrugelmir said:

lucinka77 said:

born_again said:

@Manxman_in_exile

Op seems to be avoiding answering the question on which one it was. But given the website states sizes, why ring?

Even if on a pallet, one would expect the delivery guys to take it off to make life easier to carry. Unless it is balsa wood and very flimsy.

 But when the XL cabin arrived, we could see it was far too large for our dog - we don't need a huge cabin, in fact, a smaller one would be better as it would generate more heat once he was in it.

Is that the real nub of the issue, You changed your minds? 

No, we did not change our minds, it's a bit more complex. When we were placing the order on the phone, we said we wanted the Large size. The sales team then got back to us, saying that the builders' team say that for a German Shepherd we should go for the XL Size.

I now realize that we should have stuck to our original requirement, because having seen the XL Size, when it arrived, it was way too huge for our dog. Some German Shepherds can be huge, but ours would easily for in the Large-size cabin. I know the builders meant well, not having seen our dog. I think having consented to the XL size has caused all these problems, as the Large size would have fitted through the neighbour's gate. 

But again, after having expressed our concerns to the sales team, they insisted the XL size could still be delivered with the help of two men, which did not happen, and even two men would not be able to get it through. 

We have suggested the company get us a size smaller cabin, but they claim they're not obliged to get us a replacement (or refund), since their T&Cs state that bespoke items are not refundable, (We requested an extra door) 
However, as Jenni_D says, the T&Cs were not given to us as a durable medium. 

We are not in communication with our bank, to see if we can request a chargeback. I'm sending them the entire communication with the Cherry Acres, so we'll see what happens in a few days.  

photome

lucinka77 said:

Thrugelmir said:

lucinka77 said:

born_again said:

@Manxman_in_exile

Op seems to be avoiding answering the question on which one it was. But given the website states sizes, why ring?

Even if on a pallet, one would expect the delivery guys to take it off to make life easier to carry. Unless it is balsa wood and very flimsy.

 But when the XL cabin arrived, we could see it was far too large for our dog - we don't need a huge cabin, in fact, a smaller one would be better as it would generate more heat once he was in it.

Is that the real nub of the issue, You changed your minds? 

No, we did not change our minds, it's a bit more complex. When we were placing the order on the phone, we said we wanted the Large size. The sales team then got back to us, saying that the builders' team say that for a German Shepherd we should go for the XL Size.

I now realize that we should have stuck to our original requirement, because having seen the XL Size, when it arrived, it was way too huge for our dog. Some German Shepherds can be huge, but ours would easily for in the Large-size cabin. I know the builders meant well, not having seen our dog. I think having consented to the XL size has caused all these problems, as the Large size would have fitted through the neighbour's gate. 

But again, after having expressed our concerns to the sales team, they insisted the XL size could still be delivered with the help of two men, which did not happen, and even two men would not be able to get it through. 

We have suggested the company get us a size smaller cabin, but they claim they're not obliged to get us a replacement (or refund), since their T&Cs state that bespoke items are not refundable, (We requested an extra door) 
However, as Jenni_D says, the T&Cs were not given to us as a durable medium. 

We are not in communication with our bank, to see if we can request a chargeback. I'm sending them the entire communication with the Cherry Acres, so we'll see what happens in a few days.  

If they are not going to get a replacement or refund, what are they going to do ? they cant keep your money and the product.

just to add I do think you should get a full refund for the reasons others have given

Thrugelmir

lucinka77 said:

Thrugelmir said:

lucinka77 said:

born_again said:

@Manxman_in_exile

Op seems to be avoiding answering the question on which one it was. But given the website states sizes, why ring?

Even if on a pallet, one would expect the delivery guys to take it off to make life easier to carry. Unless it is balsa wood and very flimsy.

 But when the XL cabin arrived, we could see it was far too large for our dog - we don't need a huge cabin, in fact, a smaller one would be better as it would generate more heat once he was in it.

Is that the real nub of the issue, You changed your minds? 

No, we did not change our minds, it's a bit more complex. When we were placing the order on the phone, we said we wanted the Large size. The sales team then got back to us, saying that the builders' team say that for a German Shepherd we should go for the XL Size.

I now realize that we should have stuck to our original requirement, because having seen the XL Size, when it arrived, it was way too huge for our dog. Some German Shepherds can be huge, but ours would easily for in the Large-size cabin. I know the builders meant well, not having seen our dog. I think having consented to the XL size has caused all these problems, as the Large size would have fitted through the neighbour's gate. 

But again, after having expressed our concerns to the sales team, they insisted the XL size could still be delivered with the help of two men, which did not happen, and even two men would not be able to get it through. 

We have suggested the company get us a size smaller cabin, but they claim they're not obliged to get us a replacement (or refund), since their T&Cs state that bespoke items are not refundable, (We requested an extra door) 
However, as Jenni_D says, the T&Cs were not given to us as a durable medium. 

We are not in communication with our bank, to see if we can request a chargeback. I'm sending them the entire communication with the Cherry Acres, so we'll see what happens in a few days.  

Sales people sell it's what they are paid to do. (Often commission driven). Unless they are holding a gun to your head. Then the decision ultimately rests with you to make. We all make expensive mistakes at some time in our lives. 

 I do have empathy with your situation. Ideally the company should be more proactive in coming to a resolution.