recliner factory chair not fit for purpose

Alderbank

Settdad said:

7) Chair has been back to the factory yet again & was due to be returned today with all alterations done. Chair they tried to deliver was not my chair, am told there was a total mix up with the deliveries.

Regardless of whether the chair was bespoke in the first place it certainly is now since they have made several (unsuccessful) attempts to modify it to fit you.

However, bespoke or not no longer matters. Under the Consumer Rights Act 2015 they have only one attempt to fix it and get it right. If that fails you can reject it for a refund, and as you have had no use out of it you are due a full refund including costs of taking it away.

Tell them:
 'After at least one attempted repair the chair still does not conform to contract. Therefore I am now exercising my final right to reject under s24(5) of the Consumer Rights Act 2015, and I wish to do so with immediate effect. Please refund my payment in full within 14 days and also remove the non-conforming chair as soon as possible.'

See what they say.

Settdad

Debit card

Okell

I'll make a couple of comments about reclinerfactory's T&Cs

1.  Para 11.1 says that a contract can be cancelled so long as "... the Non-Bespoke Product box has been ticked."  Seems pretty clear and unambiguous to me.  If reclinerfactory can't tick the right box I'd suggest that is their problem and not the OP's...

2.  Para 11.2 appears to require a consumer who wants to cancel both to phone the seller and to confirm in writing.  I suspect that requirement is unlawful as all a consumer needs to do is to inform the seller clearly that they are cancelling.  It doesn't need to be done twice...

3.  Para 11.3 tries to impose a collection charge of £120 on consumers who wish to cancel.  I'm not convinced such a charge is lawful - but I'm not a lawyer so I don't know.

If I were the OP I think I'd go back to reclinerfactory and tell them I'm exercising my right to cancel a distance or off-premises contract under para 29 of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

And if they want to argue that the chair is personalised or manufactured to the customer's specifications and can't be cancelled, I'd point out that they can't do that correctly - even after two attempts.

Settdad

Chair back from factoryonce again & still does not fit me & too hard to sit in. Still not prepared to refund.

eskbanker

Settdad said:

Chair back from factoryonce again & still does not fit me & too hard to sit in. Still not prepared to refund.

You're going to need to construct a clear case of relevant facts about why the chair is faulty, in terms of exactly how it fails to comply with what was ordered, in order to support rejection under the Consumer Rights Act.  Dimensions not matching, for example, are readily quantifiable, whereas something like 'too hard' is much more subjective and more difficult to argue....

Settdad

Company have had Castalan out to look at the chair. They have told the company that the chair does not fit me as my feet are no where near the floor. The company say this is my fault as I agreed to measurements taken .at time of order.  Measurement on order for height of seat  is 19" = 48.26 cm. Castalan have measured height of seat as 50cm (almost 2cm higher than on the order). No reply from MD again. Still refusing a refund. Something really needs to be done about this terrible company who take old people for a complete ride.