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yes the customers have to tick that they have accepted the T&Cs before ordering online.
"Please note that it is the purchaser's responsibility to ensure that item ordered will fit into their property. If the goods do not fit into the property then we can either leave the order at your doorstep or we can bring them back in the van for a £80 returns fee. Once the sofas are back in our warehouse we will be in touch to issue a full refund (minus the £80 returns fee). This returns option is only available whilst the delivery men are still at property. If you have opted for a pallet delivery then if the sofas do not fit into your premises then you will have to return the sofas back to our warehouse at customers own expense for a full refund.
Following cancellation of your order any monies paid will be refunded by the method you used to pay us within 14 calendar days of contract being ended"
The £80 would cover a returns charge if the customer accepted a new delivery date. But we would look to hold if customer just wanted to cancel.
We have had 2 instances.
one customer wanted to cancel for a full refund
second customer wanted a redelivery.
where do we stand on both instances?
the person who ordered online - it was not bespoke. We delivered to them 10 days after placing their order but they "forgot" we were delivering that day.
They are now demanding a full refund inc delivery costs.
Legally where do we stand? Can we force the £80 returns fee to cover our loss?
no it was a verbal acceptance of the delivery date and he verbally told us he forgot.
So we are legally within our rights to withhold the £80 returns fee to cover our loss?