Consumer Rights on Returns

DazzerLexus

Hi Guys,

This is my first post and quite a long one, so please bare with me.......

Our family has had an experience recently with an online mobillity company called Careco, and I am desperately trying to get advice on where I stand as far as my buying rights are concerned.  I have contacted citizens advice but still I do not have a definitive answer....

My grandmother of 97 purchased a reclining style bed from the company back in September/October i believe.  She with the help of my aunty paid the full amount, £900 or so over the phone and the bed was ordered. It was in the brochure, so other than duvan drawers option and colour, it wasn't exactly a bespoke bed. It certainly didn't have her name carved in the headboard!

At the end of October, my nan had a fall, and after a week had another turn and as it turned out she had a stroke... being 97, she was obviously admitted to hospital. My Aunty tried to cancel the delivery explaining that circumstances had changed due to her mothers sudden ill health, but they were admiment that this was a 'non cancellable' item due to the nature of the bed being built to order...

Feeling pressured into rescheduling, and obviousley not having her head in the right place at the time, my aunty changed the date, and subsequently stayed in to wait for the bed to be delivered a week later.

On the same day the bed arrived, literally within two hours, my grandma passed away in hospital..

I have called this company several times asking for provisions regarding the nature of the cancellation and all to no avail. I can't believe they are so heartless, under the circumstances. One guy I spoke to suggested getting the death certificate,  almost like he didn't believe my explanation a day or two after she has passed away.

Disgusting behaviour and being in the retail industry myself, I know what ever the legal obligations, to not even try to come up with a solution under the circumstances is absolutely heartless and wrong.

It appears it isn't covered by distant selling as the bed was advertised as 'built to order ' which quite frankly is a get out clause.

I have endless emails and call recordings from the company, but strangely not the recording when my aunty was trying to cancel before delivery...

Is there something I am missing, or is there anything I can do??

Any advice would be really helpful.

Darren

cx6

Distance selling regulations do apply, as it is not a bespoke item if you choose options such as drawers and colour from the brochure or drop-down boxes on a webpage etc.

Reject the bed as is your right within 14 days. If they refuse to refund try your card company.

DazzerLexus

Thanks for the reply...

I have read something that if it states the bed is 'made to order' it doesnt apply to the 14 days... I contacted them within 1 day, told them my intentions of cancelling under distant selling regulations and they refuse - I am in retial, I know the consumer rights. But this 'made to order', is just a get out clause as far as im concerned.

'Collect from the factory' more like!

I am curious to know if there is any stipulation that would have been in our favour 'if' the bed hadnt been delivered. They were pretty keen to get the bed redelivered after my Aunty tried to cancel.

cx6

Yes the 14 days does not apply to bespoke stuff but this does not sound like bespoke.

Thrugelmir

DazzerLexus said:

'Collect from the factory' more like!

Beds like sofas are normally made to order. If the item was in stock delivery would have been more or less instantaneous. 

Sandtree

DazzerLexus said:

Thanks for the reply...

I have read something that if it states the bed is 'made to order' it doesnt apply to the 14 days... I contacted them within 1 day, told them my intentions of cancelling under distant selling regulations and they refuse - I am in retial, I know the consumer rights. But this 'made to order', is just a get out clause as far as im concerned.

'Collect from the factory' more like!

I am curious to know if there is any stipulation that would have been in our favour 'if' the bed hadnt been delivered. They were pretty keen to get the bed redelivered after my Aunty tried to cancel.

Distance Selling Regulations were superseded by the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (snappy title I know!). 

The law states the cancellation rights dont apply to:

28(1)(a) The supply of goods that are made to the consumer's specifications or are clearly personalised
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Unfortunately if you read many other websites they use equally vague wording of what is meant by "made to the consumers specification" but generally those that dive into it in more detail will say that made to order or choosing from pre-set options is insufficient to pass the hurdle to deny the cancellation right.

DazzerLexus

Thanks, but who should I go to next? It was not paid on credit card, was a bank card over the phone... other wise i would be contacting them.

Also, can they run the clock down? i contacted them two weeks friday...they know my intentions but can they sit tight until 14days had passed?

 I hate the fact that they have not even try to resolve this.

Sandtree

DazzerLexus said:

i contacted them two weeks friday...they know my intentions but can they sit tight until 14days had passed?

The clock is for you to notify them of the intent to cancel, slow processing or debate about rights doesnt change when notification was given.

Ditzy_Mitzy

This is an interesting one.  Surely the contract would be between the deceased and the manufacturer, rather than them and the OP.  The timing is extremely unfortunate, granted.  

zoob

Any consumer rights in this instance apply with  the retailer and the original purchaser 
Not sure if CRA 2015 is transferable after death 
Technically the bed isn't bespoke so in theory it can be canceled, but how to in force these rights as there with the original purchaser 

user1977

zoob said:

Any consumer rights in this instance apply with  the retailer and the original purchaser 
Not sure if CRA 2015 is transferable after death 

Not "transferable" in the sense of capable of being assigned, but the rights of the deceased (whether contractual or their statutory rights) would vest in the estate.