Is this safe for use?

jon81uk

Chandlerz2022 said:

Manxman_in_exile said:

Chandlerz2022 said:

The item is from an Online sensory specialist who supplies to commercial and individuals. 

I run a private studio and we have a sensory room, hence the sensory purchase...

So are you running a business?  Do you charge people a fee to use facilities like your sensory room?

No - I have 2 young adults who need to come with me to work at times and they needed somewhere quiet to sit whilst I work! The bags were supposed to be relaxing for them - they've turned out to be anything but relaxing haha

So if they are just for use by your family then mentioning its for a commerical property is irrelevant.

Alderbank

Thanks for the link.

Rhinouk make much of their Specification Document which is agreed as a contract term with the buyer and then forms an essential part of the contract:

Before the delivery of goods, the Company shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable.  The Customer shall notify the Company immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
The goods shall be required only to conform to the specification in the Specification Document.  The appearance of goods detailed in brochures, the Company’s web site or other sales material is representative and colours and designs may vary. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet, the Company’s web site, or other sales or marketing literature of the Company and no representation written or oral, correspondence or statement shall form part of the contract. The Company retains the right to amend the specification and design of any goods detailed in the Specification Document at any time.

Chandlerz, what exactly does the Specification Document for these beanbags say?

Manxman_in_exile

Chandlerz2022 said:

Manxman_in_exile said:

Chandlerz2022 said:

The item is from an Online sensory specialist who supplies to commercial and individuals. 

I run a private studio and we have a sensory room, hence the sensory purchase...

So are you running a business?  Do you charge people a fee to use facilities like your sensory room?

No - I have 2 young adults who need to come with me to work at times and they needed somewhere quiet to sit whilst I work! The bags were supposed to be relaxing for them - they've turned out to be anything but relaxing haha

OK.  Unfortunately you muddied the waters a bit by mentioning that the goods were designed for a "commercial environment" at the outset, which led some people to believe this was not a consumer transaction.  The rules are different for consumer as opposed to business contracts.

Chandlerz2022

Alderbank said:

Thanks for the link.

Rhinouk make much of their Specification Document which is agreed as a contract term with the buyer and then forms an essential part of the contract:

Before the delivery of goods, the Company shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable.  The Customer shall notify the Company immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
The goods shall be required only to conform to the specification in the Specification Document.  The appearance of goods detailed in brochures, the Company’s web site or other sales material is representative and colours and designs may vary. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet, the Company’s web site, or other sales or marketing literature of the Company and no representation written or oral, correspondence or statement shall form part of the contract. The Company retains the right to amend the specification and design of any goods detailed in the Specification Document at any time.

Chandlerz, what exactly does the Specification Document for these beanbags say?

Alderbank said:

Thanks for the link.

Rhinouk make much of their Specification Document which is agreed as a contract term with the buyer and then forms an essential part of the contract:

Before the delivery of goods, the Company shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable.  The Customer shall notify the Company immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
The goods shall be required only to conform to the specification in the Specification Document.  The appearance of goods detailed in brochures, the Company’s web site or other sales material is representative and colours and designs may vary. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet, the Company’s web site, or other sales or marketing literature of the Company and no representation written or oral, correspondence or statement shall form part of the contract. The Company retains the right to amend the specification and design of any goods detailed in the Specification Document at any time.

Chandlerz, what exactly does the Specification Document for these beanbags say?

there isnt one - they were provided in plastic bags. No instructions. No information, On the site it doesnt mention they're bespoke until you go to the returns page, where they say they'll charge 25% for bespoke items. Which they include colour apparently. The issue is safety - they dont appear to have any kite mark/fire safety label and the wiring for the amp connector is very poor. 
Had the wire been properly attached and a fire safety label on them then I'd be keeping them as its what the kids wanted. 

Looking at trading standards site, all goods including beanbags should have a hazard label? same as furniture? (if I'm reading it right) 

I received an invoice from the company with a list of what I bought, then I had to chase them to find out when they'd be dispatched as I had waited 10weeks 

pinkshoes

Chandlerz2022 No - I have 2 young adults who need to come with me to work at times and they needed somewhere quiet to sit whilst I work! The bags were supposed to be relaxing for them - they've turned out to be anything but relaxing haha

In which case this is a CONSUMER rights issue which is much easier.

You can either return them under distance selling (but would probably have to pay for return postage depending in what they informed you at the point of sale) or you can reject them under Consumer Rights Act as not being fit for purpose.

As for the other stuff that broke, then if it's less than 30 days old then reject it. 

Manxman_in_exile

As has already been said, it can't be bespoke if all you've done is choose from three colours they have offered you.

(In fact "bespoke" is a red herring anyway.  The exception to cancelling a distance sale for a full refund is if the goods have been "personalised" or have been manufactured to "your specifications").

I suspect the supplier may be under the misapprehension that you are a business and not a consumer.  Have you made this clear to them?

Manxman_in_exile

Alderbank said:

Thanks for the link.

Rhinouk make much of their Specification Document which is agreed as a contract term with the buyer and then forms an essential part of the contract:

Before the delivery of goods, the Company shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable.  The Customer shall notify the Company immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
The goods shall be required only to conform to the specification in the Specification Document.  The appearance of goods detailed in brochures, the Company’s web site or other sales material is representative and colours and designs may vary. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet, the Company’s web site, or other sales or marketing literature of the Company and no representation written or oral, correspondence or statement shall form part of the contract. The Company retains the right to amend the specification and design of any goods detailed in the Specification Document at any time.

Chandlerz, what exactly does the Specification Document for these beanbags say?

Hmm.  There T&Cs also say nothing about the right to cancel a distance sale within 14 days and they also don't say "Your statutory rights are unaffected".

Are they allowed not to say that?  I'm always a bit confused in this area.

Also say nothing about "we only sell to business customers".

Alderbank

Manxman_in_exile said:

Alderbank said:

Thanks for the link.

Rhinouk make much of their Specification Document which is agreed as a contract term with the buyer and then forms an essential part of the contract:

Before the delivery of goods, the Company shall submit to the Customer a Specification Document which shall specify the goods to be supplied and the price payable.  The Customer shall notify the Company immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
The goods shall be required only to conform to the specification in the Specification Document.  The appearance of goods detailed in brochures, the Company’s web site or other sales material is representative and colours and designs may vary. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet, the Company’s web site, or other sales or marketing literature of the Company and no representation written or oral, correspondence or statement shall form part of the contract. The Company retains the right to amend the specification and design of any goods detailed in the Specification Document at any time.

Chandlerz, what exactly does the Specification Document for these beanbags say?

Hmm.  There T&Cs also say nothing about the right to cancel a distance sale within 14 days and they also don't say "Your statutory rights are unaffected".

Are they allowed not to say that?  I'm always a bit confused in this area.

Also say nothing about "we only sell to business customers".

I agree about the T&Cs - what they actually say is:

 
15    NOTICE OF THE RIGHT TO CANCEL
15.1    Subject to the goods not being personalised or bespoke items, the Customer has a statutory right to a “cooling off” period. This period begins once the Agreement has been made and ends on the soonest of:
(a)     7 Calendar Days after the goods have been delivered; or
(b)     when the goods are used; or
(c)    when the goods are opened from their original packaging

If this is a consumer sale it sounds to me like they are deliberately seeking to limit or restrict your statutory rights.

They couldn't with a straight face say 'Your statutory rights are unaffected', could they?

Manxman_in_exile

Alderbank said:

They couldn't with a straight face say 'Your statutory rights are unaffected', could they?

But that is exactly what the T&Cs of most online retailers do say.  They tell customers that their statutory rights are not affected in the hope that many customers will not be aware that their statutory rights might be better than the retailer's own stated policy on returns in their T&Cs. 

Certainly in this case, statutory return rights are better than Rhino's own policy.

I think that is rather naughty and if I were the OP I would question Rhino about it

(Some might argue that perhaps misleading a consumer about their rights like this could be a commercial practice that might potentially amount to an offence.) 

Ergates

Manxman_in_exile said:

Alderbank said:

They couldn't with a straight face say 'Your statutory rights are unaffected', could they?

But that is exactly what the T&Cs of most online retailers do say.  They tell customers that their statutory rights are not affected in the hope that many customers will not be aware that their statutory rights might be better than the retailer's own stated policy on returns in their T&Cs. 

Certainly in this case, statutory return rights are better than Rhino's own policy.

I think that is rather naughty and if I were the OP I would question Rhino about it

(Some might argue that perhaps misleading a consumer about their rights like this could be a commercial practice that might potentially amount to an offence.) 

They're also selling things of appalling quality (going by the OP's picture) and items of furniture (I think a beanbag counts) with no safety labels attached.  So that seems to fit with their general business practices.