Can I cancel my couch order

fret_wimp2

Looking for advice before I proceed to make any demands.

We ordered a sofa from Ez living about 2 months ago. They only build to order and it's 2 months from being ready.

We now want to cancel. Their T&Cs say we can cancel up to 14 days before receiving the delivery (full T&C below).

Any ideas how this might work in the real world?




Full t&c's:

You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.
The option to cancel your order is not available:
if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
if the Goods become mixed inseparably (according to their nature) with other items after delivery.
If you decide to cancel your order within 14 days after we have despatched the Goods, you have a further 14 days in which to return the Goods.
You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
If you give notice to cancel the order to purchase the Goods, but then fail to return it within 14 days, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
If the Goods you return show any sign of damage then we shall be entitled to deduct the cost from your refund money.
In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 14 days.
To assist us in identifying your Goods on receipt by us, we ask you to provide a telephone number for a return reference to be placed below our address / returns label.
10. This paragraph does not affect your rights in the event that the Goods are faulty.

Stheno

You can just cancel it. Did you pay a deposit?

fret_wimp2

Paid in full, that's the only way they would take the order.

Stheno

fret_wimp2 wrote: »

Paid in full, that's the only way they would take the order.

Ouch they may not refund you

lawred2

We returned to them the day we received an order and they charged a friendly 20% restocking fee.

fret_wimp2

Stheno wrote: »

Ouch they may not refund you

I know they won't want to, but what are the consumer rights in relation to this? If the law says they have to take it back then it's just a difficult conversation, but want to be sure before I have that conversation

Sadb

Did you buy it in store or online? Is it a custom made product? Has the original estimated delivery time not been fulfilled by them?

fret_wimp2

Sadb wrote: »

Did you buy it in store or online? Is it a custom made product? Has the original estimated delivery time not been fulfilled by them?

Bought in store.

Its being made to order, but all their couches are, so it depends on your definition of custom.

Delivery date is early Sept.

Stheno

fret_wimp2 wrote: »

Bought in store.

Its being made to order, but all their couches are, so it depends on your definition of custom.

Delivery date is early Sept.

Have you just changed your mind?

fret_wimp2

Stheno wrote: »

Have you just changed your mind?

Yes.
I'm just checking if thats OK, seeing as we havnt received the goods and won't for another 2 months

emo72

its a hard one. i dont think they'll refund in full. although they (maybe) havent made it yet, they may have ordered material and such. have to understand its hard for them if they refunded if people changed their minds. you would go out of business. i hope you get your money back, its at the whim of them though.

emo72

fret_wimp2 wrote: »

Yes.
I'm just checking if thats OK, seeing as we havnt received the goods and won't for another 2 months

delivery date is early september, thats 4 weeks away? if its coming by container from the far east, id say its left already.

Stheno

fret_wimp2 wrote: »

Yes.
I'm just checking if thats OK, seeing as we havnt received the goods and won't for another 2 months

I dont believe they are under any legal obligation to refund you

fret_wimp2

Stheno wrote: »

I dont believe they are under any legal obligation to refund you

Cool, that's just wanhat I wanted to check before i had a difficult phone call for no reason! Thanks

Stheno

fret_wimp2 wrote: »

Cool, that's just wanhat I wanted to check before i had a difficult phone call for no reason! Thanks

Best of luck

hognef

fret_wimp2 wrote: »

Cool, that's just wanhat I wanted to check before i had a difficult phone call for no reason! Thanks

Surely, if the ts&cs say "You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.", they can hardly turn around and say "well, you can cancel, but don't expect any money back"?

The ts&cs alson mention deducting the cost of returning the items from the refund amount, so wouldn't that also suggest they will refund?

Wexfordboy89

Did you get a contract when you ordered if you did it must say somwhere in t&c about fees for canceling etc

lawred2

hognef wrote: »

Surely, if the ts&cs say "You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.", they can hardly turn around and say "well, you can cancel, but don't expect any money back"?

The ts&cs alson mention deducting the cost of returning the items from the refund amount, so wouldn't that also suggest they will refund?

Fairly sure that that's the 20% restocking fee.

Sadb

This is from their site:

"What is your policy for in-store purchases?
Items in-store are sold as seen. Credit notes will be issued to you should you need to return an item. Items must be returned within 14 days with proof of purchase, unopened and in saleable condition. Products which have been opened will be subject to a re-stocking charge of 30% of the original price. Floor models or display models are sold as seen and cannot be returned. Custom orders cannot be returned."

Yours would fall under the custom order I'd say, I don't think you have grounds to cancel now.

Sadb

Also since you purchased in store it would have been 14 days since purchase, not delivery of item. If you had ordered online you could return within 14 days of delivery.

Former Former

Sadb wrote: »

Also since you purchased in store it would have been 14 days since purchase, not delivery of item. If you had ordered online you could return within 14 days of delivery.

It's a custom order so the cooling off period doesn't apply.

ForestFire

Former Former wrote: »

It's a custom order so the cooling off period doesn't apply.

Is it really a custom order? How is that defined?

I'm guessing they are not building a bespoke piece of furniture for just this customer?
It is just that there is a waiting list or they don't start production until an order comes in?

Other than that it is a standard off the shelf couch from their catalog?
It can be sold to the next customer that orders this one?

And if there terms and conditions say cancellation is okay within 14days then I don't see the problem.

I would at least start the conversation like this, as if your expecting there to be no issue to cancel and get a full refund and see how it goes, rather than going in asking how much will this cost me. What have you got to lose.

Sadb

ForestFire wrote: »

Is it really a custom order? How is that defined?

I'm guessing they are not building a bespoke piece of furniture for just this customer?
It is just that there is a waiting list or they don't start production until an order comes in?

Other than that it is a standard off the shelf couch from their catalog?
It can be sold to the next customer that orders this one?

And if there terms and conditions say cancellation is okay within 14days then I don't see the problem.

I would at least start the conversation like this, as if your expecting there to be no issue to cancel and get a full refund and see how it goes, rather than going in asking how much will this cost me. What have you got to lose.

If it was sold on 6 months or so down the line it would probably be classed as a display model then and so the store would be at a loss anyway. I would think they certainly aren't selling that model every week or even every month as if they were they would pre order some into store.

It's worth a phone call and asking anyway but don't go in guns blazing because that will get you nowhere.

Del2005

ForestFire wrote: »

Is it really a custom order? How is that defined?

I'm guessing they are not building a bespoke piece of furniture for just this customer?
It is just that there is a waiting list or they don't start production until an order comes in?

Other than that it is a standard off the shelf couch from their catalog?
It can be sold to the next customer that orders this one?

And if there terms and conditions say cancellation is okay within 14days then I don't see the problem.

I would at least start the conversation like this, as if your expecting there to be no issue to cancel and get a full refund and see how it goes, rather than going in asking how much will this cost me. What have you got to lose.

They'll most likely refund by credit note, it's a change of mind so no legal obligation for a cash refund. So regardless the OP is going to have to buy a sofa off them and wait another few months for their sofa.

CeilingFly

The terms and conditions are from their website - those terms and conditions do not apply to items bought in store.

The 14 day cancellation is a distance selling regulation and would not apply to something being made to order anyway.

Highly unlikely they will or should allow cancellation.

lawred2

CeilingFly wrote: »

The terms and conditions are from their website - those terms and conditions do not apply to items bought in store.

The 14 day cancellation is a distance selling regulation and would not apply to something being made to order anyway.

Highly unlikely they will or should allow cancellation.

They will gladly cancel the order.

The refund is a different story entirely.

anewme

I worked in a furniture retailer in a past life.

Usually, there was a 16 week lead time on orders. We used to charge 10 percent deposit and then had to up it, there were that many cancellations.

People used to go mad at losing their deposit and could not understand that, no, there is not a massive demand for a lime green left sided corner couch with purple scatter cushions.

Lux23

fret_wimp2 wrote: »

I know they won't want to, but what are the consumer rights in relation to this? If the law says they have to take it back then it's just a difficult conversation, but want to be sure before I have that conversation

If you order something that has to be made from scratch you don't really have any come back legally.

rubadub

fret_wimp2 wrote: »

We now want to cancel. Their T&Cs say we can cancel up to 14 days before receiving the delivery (full T&C below).

Any ideas how this might work in the real world?

Full t&c's:

You may cancel your order at any time before the expiry of 14 days from the date you receive the Goods, not including the day you received it.

where do you get the idea it is 14 days before?

Sounds like you misread/misunderstood and think they are saying they will only start making stuff 14 days before expected delivery and so you can cancel before that and nobody will be out of pocket or "hard done by".

Sadb wrote: »

This is from their site:
"What is your policy for in-store purchases?
Items in-store are sold as seen. Credit notes will be issued to you should you need to return an item. Items must be returned within 14 days with proof of purchase, unopened and in saleable condition. Products which have been opened will be subject to a re-stocking charge of 30% of the original price.

I was all for the OP till I saw it was BS, the other poster was seemingly also lucky to be just charged 20%. I did not think it was fair on the company but thought they deserved it in full due to their own (alleged) T&Cs, but it was not the case.