Trying to cancel a furniture order due for delivery June/July 2022

LB2022

Hi, I ordered to items of furniture through Designer Sofas at the Ideal Home Show, only to realise the following day neither would fit in the rooms.  I had paid a deposit on each order.  I have now trying to get my deposits back and cancel the orders but they are telling me that I signed their Ts&Cs -  

“It is important that you appreciate and understand that your order is a firm and legally binding contract. The goods are either being especially reserved for you from display or made for you in your choice of style, size and colour. Your deposit is non-returnable and we reserve the right to apply for your agreed further deposit and any balance outstanding from your original payment Card.”

The order can not be progressed until I receive samples from them and they have not sent these.  The delivery date on the orders dates June/July so they will have been unble to start making the furniture anyway without the confirmation of what material!

Any advice would be greatly appreciated.

TELLIT01

The order can be progressed before the samples are received.  The covering is the last item completed so the carcase and any fixed padding will be in place first.  As you purchased in person I'm not sure there is any 'get out' route. 

Aylesbury_Duck

I agree. You bought in person, so you're not entitled to a full refund.

Manxman_in_exile

Does "buying in person" have any relevance here if the purchase was "... at the Ideal Home Show... "?  Wouldn't that qualify as an off-premises contract, and be able to be cancelled within the 14* days?  (I suppose it depends on what is meant by a place where the seller trades on a "usual basis".

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)  ss5 and 29.

Wouldn't it then depend on whether the items were bespoke or made to the customer's specifications?

*The OP has given no actual dates and I've no idea when the IHS was... 

the_lunatic_is_in_my_head

Manxman_in_exile said:

Does "buying in person" have any relevance here if the purchase was "... at the Ideal Home Show... "?  Wouldn't that qualify as an off-premises contract, and be able to be cancelled within the 14* days?  (I suppose it depends on what is meant by a place where the seller trades on a "usual basis".

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)  ss5 and 29.

Wouldn't it then depend on whether the items were bespoke or made to the customer's specifications?

*The OP has given no actual dates and I've no idea when the IHS was... 

Good point @Manxman_in_exile

My understanding is if you buy from say a market stall this is commonly viewed as on-premises as a market stall will be a weekly, or whatever, pitch and as such a regular place of business. 

I think these exhibition type places aren't likely to be viewed as a regular place of business and would be classed as an excursion meaning off premises.

The terms OP quotes imply the trader is relying on the goods being custom rather than the type of contract to avoid the cancellation rights.

The question for @LB2022 is whether any of the furniture was made to your specification? If they let you pick from options they offer this is not classed as customer. Basically if you asked them for something they don't offer and they agreed this would be custom. 

Cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession so, if cancellation rights apply, the date of the contract itself  doesn't matter  

Manxman_in_exile

I'd be surprised if it was custom made or made to the customer's specifications as I find it difficult to believe that any customer would specify measurements for an item of furniture that would make it too big to fit into the intended rooms.  (Well - difficult to believe, but not impossible... )

@LB2022 -  did you simply select from a range of optional sizes/materials/shapes provided by the trader, or did you give your own specifications?

LB2022

Hi @Manxman_in_excile No it isn't custom built. And I have yet to confirm the colour as they were sending samples. That was 3 weeks ago and the samples haven't arrived. They won't be able to start without my colour choices.

the_lunatic_is_in_my_head

LB2022 said:

Hi @Manxman_in_excile No it isn't custom built. And I have yet to confirm the colour as they were sending samples. That was 3 weeks ago and the samples haven't arrived. They won't be able to start without my colour choices.

OP you should go back and explain that your purchase was classed as an off premises contract as the exhibition was not their usual place of business and as such you have the right to cancel the contract.

You'll need to explain that picking from options they provide does not make the goods custom or personalised so their terms aren't compliant with the regulations.

Request the return of your deposit within 14 days, if they don't provide this use the address they gave you to issue a letter before action (templates on Google).

If you paid by credit card you should have S75 cover which places the same liability upon the card provider. If you paid by debit card you might be able to ask for a chargeback, chargebacks will cover non-delivery but whether it will cover this circumstance I'm not sure as the delivery date isn't due yet and your issue really is with the right to cancel. 

If you don't get anywhere at all with either the trader or card company you'd be looking at small claims.

How much was the deposit and how much was the whole order? 

born_again

the_lunatic_is_in_my_head said:

LB2022 said:

Hi @Manxman_in_excile No it isn't custom built. And I have yet to confirm the colour as they were sending samples. That was 3 weeks ago and the samples haven't arrived. They won't be able to start without my colour choices.

OP you should go back and explain that your purchase was classed as an off premises contract as the exhibition was not their usual place of business and as such you have the right to cancel the contract.

You'll need to explain that picking from options they provide does not make the goods custom or personalised so their terms aren't compliant with the regulations.

Request the return of your deposit within 14 days, if they don't provide this use the address they gave you to issue a letter before action (templates on Google).

If you paid by credit card you should have S75 cover which places the same liability upon the card provider. If you paid by debit card you might be able to ask for a chargeback, chargebacks will cover non-delivery but whether it will cover this circumstance I'm not sure as the delivery date isn't due yet and your issue really is with the right to cancel. 

If you don't get anywhere at all with either the trader or card company you'd be looking at small claims.

How much was the deposit and how much was the whole order? 

Chargeback would not cover it at the moment. As OP has a delivery date in the future. There is also no chargeback that would cover OP canceling the order (change of mind)

Andy_L

Manxman_in_exile said:

Does "buying in person" have any relevance here if the purchase was "... at the Ideal Home Show... "?  Wouldn't that qualify as an off-premises contract, and be able to be cancelled within the 14* days?  (I suppose it depends on what is meant by a place where the seller trades on a "usual basis".

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)  ss5 and 29.

Wouldn't it then depend on whether the items were bespoke or made to the customer's specifications?

*The OP has given no actual dates and I've no idea when the IHS was... 

I wouldn't have said that Olympia(?) counts as a moveable retail premises 

Manxman_in_exile

Andy_L said:

Manxman_in_exile said:

Does "buying in person" have any relevance here if the purchase was "... at the Ideal Home Show... "?  Wouldn't that qualify as an off-premises contract, and be able to be cancelled within the 14* days?  (I suppose it depends on what is meant by a place where the seller trades on a "usual basis".

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)  ss5 and 29.

Wouldn't it then depend on whether the items were bespoke or made to the customer's specifications?

*The OP has given no actual dates and I've no idea when the IHS was... 

I wouldn't have said that Olympia(?) counts as a moveable retail premises 

If you mean that I should have said "permanent basis" rather than "usual basis", yes you're right!