Help getting refund from furniture store

[holiday11]

I bought a chest of drawers for £1900 from a furniture store- an in store purchase, not online. While purchasing, I gave them my address for delivery, which is in a basement flat as clearly stated in my address. When they came to deliver they said it was too dangerous to try and get it down the 8 steps to the entrance of my flat and left saying they'd be in touch to arrange re-delivery. I didn't hear from them. After a few weeks I assumed they weren't going to redeliver the item so I purchased a replacement from elsewhere and contacted them for a refund. They refused to issue a refund saying that it was my responsibility to ensure that the item could be delivered safely and to flag if there were any considerations about access. They cited a note on their website which says, It is the customers responsibility to make sure ordered goods will fit along the delivery route and into the designated area. If the issue of access is not raised during the order process and the item does not fit into the delivery address, we are not obliged to take to item back. I have fulfilled these obligations. The goods WOULD fit along the delivery route and into the designated area (they chose not to try) and I told the company when I bought the item that I lived in a basement flat. I have also had all of my other household furniture delivered via this entrance- bed, sofa, stone bath. Heavy items that are equivalent in size and weight to the chest of drawers with no issues, so I had no reason to believe access would be a problem here. It was their delivery driver's decision not to try and deliver, so that's on them. I fulfilled my obligation as I had not reason to believe they wouldn't be able to deliver the item safely. I have pushed back numerous times and they are flat out refusing a refund- what can I do??? Thanks so much

[atticus]

How did you pay? If credit card, contact your card company to make a claim under s75 Consumer Credit Act 1974, if debit card ask the bank to raise a chargeback.

[Pezza54]

The clause in the contract ends with "........we are not obliged to take them back" However the delivery company did take the furniture back, or assume they did (as they didn't leave it at the top of the steps)
You should write to the retailer pointing this out and request a full refund.
The CRA 2015 updated the unfair contract terms. A term in a consumer contract is unfair, if contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations under the contract to the detriment of the consumer.
The clause in the contract would probably be regarded as unfair in court. Fairness would be the retailer just charging for a failed delivery and restocking
Did the salesperson in the store point this clause out to you after you told him or her that you lived in a basement?

[JK2054]

sounds like lazy delivery guys

I suggest you write to them to give them 5 days or you will contact your bank for a S75/CB

Just because your bank may ask for proof of contact confirming you will be raising a ispute so without a notice email to them you may struggle to get your bank to raise a dispute, as they are now quite insisntent on having warning letters sent.

You may find that the warning also kicks them into action because disputes cost these companies a fair bit in fees.

[holiday11]

I paid via debit card and this months ago in March. It's taken this long to get to this stage with me asking for a refund and them continually refusing. Can I contact my bank this late on? thanks so much!

[holiday11]

This is really helpful thanks so much. The storeperson didn't point out the clause. It was printed on the invoice and the delivery note that I received a few days later. I also think I fulfilled the points in the clause- in my opinion, the delivery route and destination is accessible based on the fact that other deliveries of equivalent objects have been made using the same route. It's their delivery people that said it isn't, but the clause doesn't specify who's call it is. ie it doesn't say 'our delivery team need to deem the route and destination accessible'.

[holiday11]

Ok I will do this thanks so much!