Do distance selling regs apply?

[happygoluckyboy]

I purchased a sofa in store on interest free finance over 4 years. After 3 months it was delivered yesterday. They can't fit it through our stair well or in the lift, therefore its had to go back.

The lady in the shop said it won't be a problem if it doesn't fit, but the small print says otherwise. Obviously I'm not covered by the distance selling regs for this as I purchased in store.

Customer services have kindly agreed to change my order. Today, over the phone, I've purchased a smaller but more expensive sofa. I've paid the additional price by card and they've transferred the finance agreement onto the new sofa.

As I've ordered this new sofa over the phone, in the event that it doesn't fit, could I claim a full refund under the distance selling regulations as this sofa has now been purchased over the telephone before I have seen it?

Kindest regards

[R0b]

Re: Do distance selling regs apply?

Yes, you could argue they have failed to deliver the goods where you have taken control of them. Could you not give them some measurements of the sofa or check the measurements prior to delivery?

[happygoluckyboy]

Re: Do distance selling regs apply?

Yes, you could argue they have failed to deliver the goods where you have taken control of them. Could you not give them some measurements of the sofa or check the measurements prior to delivery?

Thanks Rob. That's a relief. Really didn't fancy paying £600 for nothing and if they can't fit this one in there aren't any others we really like.

We did take all measurements and they said it fits. The difficultly is the maze of doors they need to manouver through, they cant get the right angles because other walls and doors are in the way... If that makes sense?

I suppose some would be able to work out the geometry etc, but it's a little beyond my capabilities .... And the staff in store only seem set on telling you the delivery men are magictions that can fit anything anywhere.

[R0b]

Re: Do distance selling regs apply?

Well if they are insisting that they can deliver to into your place then that is something you can rely upon, but it wont come under the distance selling regs it will come under the new Consumer Rights Act 2015 which came into force October this year. So if they cannot fit the sofa then you will have the right to reject your goods and get a refund.

[happygoluckyboy]

Re: Do distance selling regs apply?

Would those rights imply retrospectively?

The argument is the sofa has been custom built for us, to our specifications. Therefore they believe £600 is a fair cancellation charge.

I purchased in August so would the October regs apply?

[R0b]

Re: Do distance selling regs apply?

You have purchased a new, smaller and more expensive sofa in replacement of the previous one today over the phone so in my eyes that is a new contract on new terms . Arguably yes the Consumer Rights Act shall apply.

[Dazbrad]

Re: Do distance selling regs apply?

Firstly, the 'Distance Selling Regulations' only apply to contracts that are entered into before the 13th June 2014. On or after this date the 'Consumer Contract Regulations 2013' apply.

However, assuming your contract was entered into on or after this date, you mention that the contract was initially formed instore. This being the case would mean that regardless of you phoning, the contract was still formed on the traders premises. The exchange was merely an alteration of an existing contract.

I have to agree with Rob about measurements are needed. Measurements, or lack of in this case may not have been forseen by yourself, buy certainly not the traders fault.

If this happens again, simply write to head office and try your luck at a goodwill gesture of some sort.

There is one point I do disagee on though...I feel that the contract is just an alteration to a contract entered into before the 1st Oct 2015. In my opinion, the Sale of Goods Act 1979 applies.

Besides, and again in my opinion, regardless of the act governing the contract. A 'Short Term' or 'Final Right' to reject only applies to goods that have defects/description issues etc. Not because the buyer failed to mention the minefield upto the door thats measured correctly.

If you have the traders written promise to get the sofa to yours regardless of conditions, you could argue this. Without an express term in writing, the trader may simply deny this fact.

None the less, on a more optimistic note, there is no harm in trying to reject the goods. If you don't ask, you don't get!

Good Luck.