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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I ordered a chair online and it has been delivered last

Resolved Question:

Hi
I ordered a chair online and it has been delivered last week and it is not the right colour, it looks different from the picture on the website.
You could have requested a swatch of material but I didn't.
The seller insists that I pay 30% of the purchase price as they say the chair was made for me.
I was under the impression that I have 14 days to return it under my consumer rights, is this the case.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Is this a custom made chair or standard please?Alex
Customer: replied 1 year ago.
Her is the email they have sent me. They have the chairs online and I chose the material based on their material pictures.Hi Liz,
Many thanks for your email. I would first like to apologise for the delay in responding to you. The office was closed on Friday 4th March due to bad weather so we are catching up on emails as quickly as possible.
As you have ordered a Fabric Fireside wing chair, this has been made to order for you. Please see below point 6 and point 8 of the terms and conditions.
6. Returns and RefundsMost furniture, which is made or altered, is done so specifically for you (including Chesterfield Sofas, Fabric Sofas, Italian Leather Sofas and Tub Chairs). Products that are made specially custom made for you, it may not be cancelled by you, either before or after delivery. For all other furniture orders you have the right to cancel the order before delivery or 7 working days after delivery (starting the day after the day of delivery). All furniture that is not made specifically for you is eligible for a 7 day cooling off period. All refunds will be paid within 30 days of the cancellation. If you cancel the order after delivery for any other reason than that the goods are faulty or don't comply with your order returns must be paid for by the buyer to our registered address. Designer Sofas4U Ltd may ask for you to return the furniture.8. Claims Under Guarantee9.1 All of our furniture from the Chesterfield Sofa and Tub Chair Ranges are made to your exact specification and therefore cannot be cancelled once we have accepted your order.9.1.2 A minimum of 30% non-refundable deposit is required for us to accept your order.For full terms and conditions please see links below:
https://www.designersofas4u.co.uk/terms-and-conditions
https://www.designersofas4u.co.uk/faqs
We offer a free sample service for you to check the colours of products before they are ordered to avoid this situation. The colour on a computer screen can be very different to how it looks in real life and from computer to computer.
If you want to return the chair then there is a 30% cancelation charge to do so. Please advise how you wish to proceed.
Expert:  Ash replied 1 year ago.
Can you confirm whether it was custom made, ie made to order, or whether it was a standard chair?
Customer: replied 1 year ago.
Well i wasn't aware it was custom but they say it was
Customer: replied 1 year ago.
Here is the link to the chair, which incidentally came more brown / beigehttps://www.designersofas4u.co.uk/arnold-wool-tweed-wing-chair-fireside
Expert:  Ash replied 1 year ago.
Did you read their terms and conditions online before you ordered?
Customer: replied 1 year ago.
No
Expert:  Ash replied 1 year ago.
Did you have to tick to say you had read the terms when you ordered?
Customer: replied 1 year ago.
I have just checked online and yes I did tick the box to these Terms and ConditionsOur terms and conditions comply with UK legislation and are designed to ensure that our customers can shop easily and with confidence with designersofas4u.co.ukThese terms and conditions only apply to web site sales.PricingAll prices are in £ sterling and inclusive of VAT. Any exceptions will be clearly marked on the website where relevant. Prices may be subject to change without notice, but we will only alter the price after we have confirmed your order, if is to your benefit.Foreign customersWhilst this website is designed with UK customers in mind, we welcome enquiries from customers in other countries. Prices include UK Sales Tax (VAT), currently at 20%, which may not be payable by foreign customers; however, additional delivery charges will usually apply. Please telephone and we will do our best to assist.PaymentYou may pay by any major credit card or debit card if ordering by telephone, or by cheque, UK postal order or money order if ordering by post. Please do not send money (notes) in the post. If you choose to pay by credit/debit card, we will only charge your card upon despatch of goods. If you choose to pay by cheque, your cheque will not be cashed before five working days prior to despatch of goods.Product availabilityItems shown on this website may not always be in stock. If any of your chosen items is not in stock, you will be advised of our best estimate of availability and delivery date at the time you place your order. Please note that an indication of such dates is an estimate only, may be subject to change without notice, and does not constitute a contractual obligation by Designer Sofas 4u Limited to supply goods by a certain date. However, if availability is unduly delayed, we will use our best endeavours to keep you informed.Product images and descriptionsPlease note that the colour of images shown on this website may be affected by the technology used to access it. Whilst we do our best to faithfully reproduce colours, some variation may occur.Accepting orders and securityWhen you place an order, either by telephone or in writing, we will treat it as an offer to buy. If we accept your order, we will send you a confirmation email with your order number, at which point we make a legal contract with you. However, we will be entitled to refuse to accept your order if we feel it necessary, in which case we will email you as soon as we can to let you know.When you receive your email confirmation, you will have an opportunity to check the details and correct any errors.In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with various agencies, to confirm your identity. This assists us to protect you and us from fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative payment method or to advise you to visit one of our stores.DeliveryExcept where specifically stated, prices are inclusive of delivery to mainland UK only. We welcome enquiries from elsewhere, however, and ask that in these cases you contact us by email, letter or telephone for onward shipping costs to other locations.Our deliveries in the UK mainland are contracted to outside carriers who deliver Mondays to Fridays (excluding public holidays) between the hours of 8:30 AM and 5:30 PM. Evening and Sunday deliveries are not available.We will inform you by email or telephone at least 48 hours prior to despatch of our expected delivery date. We regret that we are unable to specify exact delivery times within that date. All deliveries must be signed for and you should keep your receipt. If goods are showing obvious signs of damage in transit upon receipt, please refuse to accept the delivery.CancellationsWe are pleased to offer a no-quibble cancellation policy, which is in addition to your statutory rights.Should your purchase disappoint in any way, you may normally cancel your purchase provided you notify us before, or within 14 days after delivery. Your product must be complete, unused and in “as new” condition (e. g., if you have opened the box to examine the product you must have done so without damaging or marking the product in any way). It should be returned with the original box, packing and accessories.Your goods may be collected from the delivery address free of charge. If another method of return is used you will be responsible for the costs.Transit damageAll goods are examined in detail by ourselves prior to despatch to ensure that they leave our warehouse in perfect condition. However, transit damage unfortunately can occur. If your purchase is showing obvious signs of transit damage upon delivery, please refuse to accept delivery and notify us immediately. If damage is only evident upon opening of packaging,
Expert:  Ash replied 1 year ago.
Its bad news then I am afraid, you dont have 14 days to cancel your order because their terms and conditions do say that the items are custom made. If items are custom made then the 14 day cooling off period does not apply.However if the goods are not fit for purpose, of suitable quality, not as described, or do not match the sample then you have a claim for a refund under the Consumer Rights Act 2015.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for your reply,I have checked on the website and although in their email it tells me their terms, it does not state this in the terms and conditions that I ticked, Will that make a difference.
Expert:  Ash replied 1 year ago.
If it does not say it in the terms they supplied then you have 14 days to cancel.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes thank you for your time.