Online return

onismum

Hi

 Is this on the right board? I bought two sofas online in a sale, £1200. When they were delivered the delivery men removed the packaging to assemble the sofas and took it with them. I want to return the sofas, they are very uncomfortable. I emailed the retailer the next day and said I wanted  to return under the cooling off period rules. They called back and said
 1. We don’t normally do this but we will this time.
2. We will charge you the delivery fee and a pick up fee( £120 total)
3. As the packaging was removed we will charge you 20% of the total to replace that. 

I don’t think this is right. My understanding of the consumer contracts legislation is that I don’t have to pay anything. Is that right? Either way 20% is ridiculous, in total they want £360! The sofas are pristine, sat on for a total of two minutes. They are under covers to protect them. 

Thanks 

sarah1972

PM’d forumteam to move to consumer rights board. X

jon81uk

If they set out in terms when you purchased that the cost of returns is to be paid by the consumer there is nothing wrong with that.
Also they can make reasonable deductions if the handling goes over and above what would happen in a store. Not sure if charging for no packaging is reasonable or not.

unholyangel

I knew this looked familiar. Duplicate. 
 

https://forums.moneysavingexpert.com/discussion/6361495/returns#latest

mjm3346

Made to order?

unholyangel

mjm3346 said:

Made to order?

What does that matter? Only goods made to the consumer's specification or clearly personalised are exempt from the right to cancel. Not those made to order 

mjm3346

unholyangel said:

mjm3346 said:

Made to order?

What does that matter? Only goods made to the consumer's specification or clearly personalised are exempt from the right to cancel. Not those made to order 

Meant to say specs (for each 1 stock item there will be many different variations they "make to order") - Standard SCS conditions 

b. Upholstery (sofa, chair, footstool, storage boxes, ottomans and any other upholstered furniture)

Your upholstery order will be manufactured to your exact specification unless you’ve bought a stock item: as these products are bespoke and made to order the contract is not cancellable

mjm3346

Also posted here in addition to the thread linked to earlier

https://forums.moneysavingexpert.com/discussion/6361457/online-shopping-return#latest

unholyangel

mjm3346 said:

unholyangel said:

mjm3346 said:

Made to order?

What does that matter? Only goods made to the consumer's specification or clearly personalised are exempt from the right to cancel. Not those made to order 

Meant to say specs (for each 1 stock item there will be many different variations they "make to order") - Standard SCS conditions 

b. Upholstery (sofa, chair, footstool, storage boxes, ottomans and any other upholstered furniture)

Your upholstery order will be manufactured to your exact specification unless you’ve bought a stock item: as these products are bespoke and made to order the contract is not cancellable

Still doesn't affect cancellation rights if you're only selecting from the retailer's range though. 

 https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Furtherinformation

Look at the implementing guidance. They actually use a sofa as an example and clarify made to order is not exempt from the right to cancel. 

mjm3346

SCS generally only stock one specification of a sofa etc and no others are a stock item and rightly or wrongly they consider there is therefore no right to cancel (as per their T&Cs) they also try to limit any "time is of the essence" claims

Manxman_in_exile

Apologies if I've missed it, but has the OP said either (1) that they were made to order or (2) that they were personalised or made to their - the OP's - specifications?

All the OP has said is that they were bought in " a sale", which I would have thought probably meant that the sofas already existed before purchase?