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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I bought two sofas from Furniture Village on the telephone.

Customer Question

Hello. I bought two sofas from Furniture Village on the telephone. When they were delivered I realised that they were too big and did not fit well into my room. I would like to return them but the store do not agree. Does my purchase come under the 'distance selling' because I purchased on the telephone? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 1 year ago.
Hello Ben. What can I do regarding the two sofas?
Expert:  Ben Jones replied 1 year ago.

Hi there. How long ago did you buy the sofas?

Customer: replied 1 year ago.
The telephone order was placed on 20th April 2016 and they were delivered last Tuesday, May 24th and we have been in communication with the store since Friday.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. over the telephone).

In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). The statutory cancellation period is 14 days after the day the goods came into the physical possession of the consumer

If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:

· Consumer – must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them; pay the delivery costs unless the trader did not advise them that they would be liable for this at the time the contract was concluded.

· Trader – must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days

Looking at their website, you do have the right to cancel as per the above terms (i.e. 14 days after delivery) if the item was bought from stock (i.e. not custom made for you). They only refer to purchases made from their website but a telephone sale is also a distance sale as the buyer and seller were not physically present at the time and the contract was concluded over distance sale.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they still refuse to accept a return, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you. I will go into the store this week and see what they say. I will then be in touch should I need more help.
Expert:  Ben Jones replied 1 year ago.

You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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Customer: replied 1 year ago.
I have spoken to someone in their head office on Wednesday and she has passed the matter on to the Regional Manager. I have been told he would call me in three days time, so if I don't hear anything by Monday, I will call them again.
Expert:  Ben Jones replied 1 year ago.

Thanks for the update.