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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there, on our website we offer sofas in stocked colours

Resolved Question:

Hi there,

on our website we offer sofas in stocked colours and also other colours which we do not stock and make to order.

TS claim that we cannot class these colour options as made to order as we are advertising them on our website.

So in essence if a customer wants to cancel they still get 14 days from the delivery date to cancel and return for a full refund.

Please advise.

I was under the impression MTO sofas could not be cancelled.

Thanks

Michael
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If the sofas are made after the customer has placed an order for them, then they are made to order and cannot be cancelled, but if the sofas are made before the customer has ordered them, then they are not made to order and may be cancelled under the distance selling regulations.

May I help further?
Customer: replied 3 years ago.

Hi there,


 


there are certain colours that we advertise on our website that are not made before the customer selects that item / colour.


 


Please see: http://www.sofaland.com/sofa-range/leather-sofas/bari-premium-leather-sofa/bari-3-seater-leather-sofa.html


 


We advertise the cream colour as made to order (MTO).


TS have told us that because we display the item / option on our web site then we cannot claim it to be made to order.


 


TS state that a MTO is only something that we do not advertise and the customer calls to ask to change ie a pink sofa with yellow dots.


Please advise if you agree.


 


thanks


 


Michael

Expert:  UKSolicitorJA replied 3 years ago.
Advertising is one thing, making it to the customer's order is a different thing, so I do not agree with TS.

Hope this clarifies
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