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    • BigMark
    • By BigMark 4th Sep 18, 11:16 AM
    • 21Posts
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    BigMark
    SOFOLOGY - Misleading website , 30% fee to change or cancel an order - Now refusing to cancel order
    • #1
    • 4th Sep 18, 11:16 AM
    SOFOLOGY - Misleading website , 30% fee to change or cancel an order - Now refusing to cancel order 4th Sep 18 at 11:16 AM
    Ordered a "LINARA 3 SEATER, CORNER, 1 SEATER TERMINAL" on bank holiday sunday. 5 days later looking online at the dimension realised it's too big for my room.

    My error for not measuring, but they're description is misleading!

    Total length is 331cm for the long side. The corner part is 109cm so it means the other part of the sofa is 222cm and that's with only 1 armrest which is about the size of their 4 seater, not the 3 seater! So they description is very wrong!

    Anyway, as soon realised I tried contacting someone, an extremely hard task as only option is the online chat. Tho replies were slow (first one an hour) and seems to be different person reply each time, some of which are rude.

    To cut a long story short...........
    1. They don't see any issue with their website description.
    2. Won't amend my order from the 3 seat to 2 seat unit unless I pay 30%, 750
    3. Their T&C's state that cancellations can be made at a cost of 30% so I asked to cancel and got told that I can't cancel. So I have sent them a screen shot of their own T&C's

    Can they refuse to cancel my order when their T&C's (that they are only too happy to refer to when in their favour) states clearly that I can?

    http://help.sofology.co.uk/before-delivery/changing-my-order/how-do-i-cancel-my-order
Page 1
    • Caz3121
    • By Caz3121 4th Sep 18, 11:44 AM
    • 11,439 Posts
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    Caz3121
    • #2
    • 4th Sep 18, 11:44 AM
    • #2
    • 4th Sep 18, 11:44 AM
    5 days later looking online at the dimension realised it's too big for my room.
    Originally posted by BigMark
    Had you checked and contacted them within the 48 period then it would have been simpler, once you went past 48 hours...
    http://help.sofology.co.uk/before-delivery/changing-my-order/i-want-to-change-the-order-i-placed-over-48-hours-ago
    • BigMark
    • By BigMark 4th Sep 18, 11:47 AM
    • 21 Posts
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    BigMark
    • #3
    • 4th Sep 18, 11:47 AM
    • #3
    • 4th Sep 18, 11:47 AM
    Indeed it would of been, but if their website description was not misleading then it wouldn't of happened either.
    • cono1717
    • By cono1717 4th Sep 18, 12:01 PM
    • 699 Posts
    • 497 Thanks
    cono1717
    • #4
    • 4th Sep 18, 12:01 PM
    • #4
    • 4th Sep 18, 12:01 PM
    I don't see any mention of the corner section measurements? https://www.sofology.co.uk/sofas/LINARA?code=SKU000242162

    Also they have offered you an alternative
    Where we cannot reach a final, alternative solution and cancellation is the only option, a charge of 30% of the order value plus any delivery and re-delivery costs will be incurred. As a last resort, we aim to seek every other alternative first.
    You are not entitled to cancel unless you can prove the description was misleading, which you may struggle with. So I'd snap up their offer while you can.
    • marcarm
    • By marcarm 4th Sep 18, 12:18 PM
    • 796 Posts
    • 937 Thanks
    marcarm
    • #5
    • 4th Sep 18, 12:18 PM
    • #5
    • 4th Sep 18, 12:18 PM
    Did you order online? Everything done at a distance?

    It's not bespoke I assume so are sofas exempt from the CCRs?

    I just did a dummy order and everything is selected from their options, so not a bespoke order, they are made to order but not bespoke.
    Last edited by marcarm; 04-09-2018 at 12:24 PM.
    • BigMark
    • By BigMark 4th Sep 18, 12:30 PM
    • 21 Posts
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    BigMark
    • #6
    • 4th Sep 18, 12:30 PM
    • #6
    • 4th Sep 18, 12:30 PM
    I ordered it in store. I literally just picked the colour of the leather (same as one in store) and which model from the range.

    There were no other options, so don't see it being bespoke.

    What's CCRs?
    • DoaM
    • By DoaM 4th Sep 18, 12:33 PM
    • 4,740 Posts
    • 4,727 Thanks
    DoaM
    • #7
    • 4th Sep 18, 12:33 PM
    • #7
    • 4th Sep 18, 12:33 PM
    If you'd ordered online you would have a legal right to cancel. (CCRs ... The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)

    As you ordered in store then there is no such right and you're bound by the T&Cs of the contract.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • BigMark
    • By BigMark 4th Sep 18, 12:37 PM
    • 21 Posts
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    BigMark
    • #8
    • 4th Sep 18, 12:37 PM
    • #8
    • 4th Sep 18, 12:37 PM
    So what about this......... http://help.sofology.co.uk/before-delivery/changing-my-order/how-do-i-cancel-my-order.

    Surely I should have the right to cancel my order at a cost of 30%?
    • DoaM
    • By DoaM 4th Sep 18, 12:42 PM
    • 4,740 Posts
    • 4,727 Thanks
    DoaM
    • #9
    • 4th Sep 18, 12:42 PM
    • #9
    • 4th Sep 18, 12:42 PM
    Surely I should have the right to cancel my order at a cost of 30%?
    Originally posted by BigMark
    It would appear you do. It could even cost you less than 30% but it depends on how much you're up for a fight.

    In a contract situation, if one party breaches the contract - e.g. you cancelling the contract - then the other party can only seek actual costs incurred or a genuine pre-estimation of loss. (Or perhaps loss of profit instead). Anything beyond that is a penalty which is forbidden by Consumer contract law.

    Are you doing all the discussion online/over the phone? If yes, why not try going back to the store? (They may be more amenable to an agreeable compromise ... it is unlikely that the order had progressed very far at all in the system by the time you made your original change request, so the store may be happy to agree to the change to retain the business).
    Last edited by DoaM; 04-09-2018 at 12:46 PM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • BigMark
    • By BigMark 4th Sep 18, 12:45 PM
    • 21 Posts
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    BigMark
    I'm happier to pay them 30% to cancel, rather than 30% to amend.

    But they've refused so far to cancel. That's my point, can they refuse to cancel when their T&C's say they offer cancellation at 30% cost
    • BigMark
    • By BigMark 14th Sep 18, 5:54 PM
    • 21 Posts
    • 0 Thanks
    BigMark
    It would appear you do. It could even cost you less than 30% but it depends on how much you're up for a fight.

    In a contract situation, if one party breaches the contract - e.g. you cancelling the contract - then the other party can only seek actual costs incurred or a genuine pre-estimation of loss. (Or perhaps loss of profit instead). Anything beyond that is a penalty which is forbidden by Consumer contract law.
    Originally posted by DoaM
    Got a link to the actual part of law that states this? This arguement is still ongoing.
    • askmeaboutsofas
    • By askmeaboutsofas 15th Sep 18, 12:53 PM
    • 86 Posts
    • 67 Thanks
    askmeaboutsofas
    You might want to read this thread before you buy this model:
    https://forums.moneysavingexpert.com/showthread.php?t=5808499&highlight=linara+sofa
    The people on that thread have had major issues with the Linara, so if you can I would avoid this!

    When you placed your order did they supply you with your own copy of their terms and conditions? The ts & cs supplied when you made your purchase will be what applies if they are different to the ts & cs on their website.


    I think you will struggle to argue that their website is misleading, I have had a look and the measurements are 329 wide. It is quite standard for corner sofas to be described in terms of the sections, for example I've just got in a bunch of corners that are 3-corner-3 sofas on paper. In person they are huge, because the corner acts as an extra seat, so essentially rather than being a 3 seater sofa with a corner, it's a 3 seater section, plus a corner section. I hope that makes sense!


    I don't know if it's worthwhile suggesting that you want to cancel because other people have had problems with their sofas, but it might be worth a try if they're still refusing to let you cancel. That's a lot of bad publicity.
    • deanos
    • By deanos 15th Sep 18, 5:52 PM
    • 10,846 Posts
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    deanos
    what does the order form you signed say about cancellation ?
    • unholyangel
    • By unholyangel 16th Sep 18, 12:57 PM
    • 12,780 Posts
    • 10,100 Thanks
    unholyangel
    Got a link to the actual part of law that states this? This arguement is still ongoing.
    Originally posted by BigMark
    Which bit are you asking for? The consumer rights act gives examples of unfair terms and those examples include terms which require the consumer to pay a disproportionate amount as compensation. But the rules around damages and that either party can cancel the contract (although if they do so without justification then they will be liable for damages) come from common law principles
    Money doesn't solve poverty.....it creates it.
    • BigMark
    • By BigMark 17th Sep 18, 7:39 AM
    • 21 Posts
    • 0 Thanks
    BigMark
    You might want to read this thread before you buy this model:
    https://forums.moneysavingexpert.com/showthread.php?t=5808499&highlight=linara+sofa
    The people on that thread have had major issues with the Linara, so if you can I would avoid this!
    I think you will struggle to argue that their website is misleading, I have had a look and the measurements are 329 wide. It is quite standard for corner sofas to be described in terms of the sections, for example I've just got in a bunch of corners that are 3-corner-3 sofas on paper. In person they are huge, because the corner acts as an extra seat, so essentially rather than being a 3 seater sofa with a corner, it's a 3 seater section, plus a corner section. I hope that makes sense!


    I don't know if it's worthwhile suggesting that you want to cancel because other people have had problems with their sofas, but it might be worth a try if they're still refusing to let you cancel. That's a lot of bad publicity.
    Originally posted by askmeaboutsofas
    Actually if you look carefully at the website it is misleading.
    2 seater = 192cm
    3 seater = 218cm (26mm bigger)
    4 seater = 243cm (25cm bigger)

    2 seater corner = 281cm
    3 seater corner = 331cm (50cm bigger) So I'd suggest this really is a 4 seater corner!

    Either way I'm still in limbo with then having paid 20% amendment fee for which they are supposed to give me a 2k credit note so I can go and buy a sofa, but after almost 2 weeks of chasing I still don't have it. I really do not want to do with business with them at all now or ever again.
    • BigMark
    • By BigMark 17th Sep 18, 7:46 AM
    • 21 Posts
    • 0 Thanks
    BigMark
    Which bit are you asking for? The consumer rights act gives examples of unfair terms and those examples include terms which require the consumer to pay a disproportionate amount as compensation. But the rules around damages and that either party can cancel the contract (although if they do so without justification then they will be liable for damages) come from common law principles
    Originally posted by unholyangel
    "Anything beyond that is a penalty which is forbidden by Consumer contract law." This bit in particular.

    Also. As they didn't actually cancel making the item, but instead offered it on their website in the "Pre-configured for express delivery" and I watched the lead time come down from 4 to 1 week they've not actually made any loss as it appears to have sold over the weekend, so asking for 30% to cancel my order seems to go totally against your consumer credit law statement. Hence wanting to find the exact legal reference.
    • elle may
    • By elle may 17th Sep 18, 10:07 AM
    • 214 Posts
    • 107 Thanks
    elle may
    This is why i always take a tape measure with me. I too bought from sofology and was down on my hand and knees noting down all measurements the salesman said with great amusement he wished all people would do this as it would stop a lot of complaints's. I know the cancellation rights are a pain and i had him repeat them i few times before i signed. With a large purchase and lots of money at stake it pays to do your home work. I too know people are having problems with the unit you have bought so i would have a think if you want to keep it.
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