Shop won't accept return of the special order

RossieMan

drunkmonkey wrote:

Distance selling applies when your not physically in the store. So yes paying by card over the phone would count. Now I'm not sure what happens when the deal was done in the store and you simply called up to pay.

No way does this fall under distance selling. You'll be laughed out of any place if you use this as a defence.

amcalester

Dav010 wrote: »

Aren’t change of mind returns totally at the discretion of the shop and not covered by the SoGaSA? How would SCC decide on something that is at the discretion of the vendor?

I’m assuming the OP is a business, he mentions its commercial flooring and the SCC can rule on businesses making claims against other businesses in relation to contracts for goods or services purchased.

The SoGaSA is irrelevant but the shops T&Cs are an integral part of the agreement, so the return isn’t really at the vendors discretion (once it is included in the contract).

The variable is whether the order was a special order or not.

If I went into Curry’s (as an example) and enquired about a product advertised on their website and was told that it wasn’t in stock but could be ordered then I wouldn’t consider it a special order.

Really it hinges on the conversation between vendor and seller at the time of ordering.

Dav010

amcalester wrote: »

I’m assuming the OP is a business, he mentions its commercial flooring and the SCC can rule on businesses making claims against other businesses in relation to contracts for goods or services purchased.

The SoGaSA is irrelevant but the shops T&Cs are an integral part of the agreement, so the return isn’t really at the vendors discretion (once it is included in the contract).

The variable is whether the order was a special order or not.

If I went into Curry’s (as an example) and enquired about a product advertised on their website and was told that it wasn’t in stock but could be ordered then I wouldn’t consider it a special order.

Really it hinges on the conversation between vendor and seller at the time of ordering.

If the item ordered was not something Curry’s stock and the size was ordered specifically to fit a space in your home from a manufacturer in another country who does not accept returns, I would think that is a special order.

The fact of the matter is that this is a change of mind and I doubt any court will find in favour of the op. You say you think the op is a tradesman, if the op had to order this specially for a client, you can be sure he would be charging the client.

Commercial flooring is just flooring for areas with heavy use. I have commercial grade flooring in a room we used as a kids playroom. It doesn’t look as good as other wood floors but it takes huge abuse.

I think distance selling relates to items purchased without the buyer physically being in the shop and unable to examine them. The op posted he bought floor after visiting the shop.

rubadub

amcalester wrote: »

The shops own T&C’s allow for returns except where it was a special order, unless the OP was informed this was a special order the SCC may decide in his favour.

I am interested to hear comments on this. If I owned a shop I would make it very clear if it was a special order and no return was possible. If I was a customer I would also be asking about it beforehand. It sounded like the OP had no idea, and learnt of policies off the receipt after buying. It did not sound like they made the purchase on the basis that they could easily get a refund

I do not like the thoughts of all shops taking anything like this back, as obviously they will have to increase the costs of everything to allow for the potential costs incurred.

OP- I would be asking them what "restocking fee" would be acceptable. You say you are happy to take 15%, what about 50%? you might not get that from selling it on.

Dav010 wrote: »

Aren’t change of mind returns totally at the discretion of the shop and not covered by the SoGaSA? How would SCC decide on something that is at the discretion of the vendor?

I would have thought it depends on their declared policies. I will often buy items from Argos, which I could get cheaper elsewhere, solely due to their explicit returns policy.

When you buy something from argos which is NOT included, e.g. maybe an electric razor for hygenie reasons, then the product page usually has an exemption mark, but also the cashier has always made it clear to me it is excluded.

hognef

Dav010 wrote: »

If the item ordered was not something Curry’s stock and the size was ordered specifically to fit a space in your home from a manufacturer in another country who does not accept returns, I would think that is a special order.

In fairness now, laminate is sold in whole packs of, say, 2 point something square meters. The OP has ordered a certain number of said packs, to cover their 25 sqm floor, probably plus 5-10% extra to allow for cuts, etc. If these packs were to be restocked, they could be resold to two customers requiring 10 and 15 sqm each, for example, or could be included in the sale to somebody requiring 100 sqm.

A better analogy in Currys would be an order for 3 coffee makers. Nobody would argue that those couldn't be resold because they were originally ordered by somebody who needed exactly 3 makers.

amcalester

hognef wrote: »

A better analogy in Currys would be an order for 3 coffee makers. Nobody would argue that those couldn't be resold because they were originally ordered by somebody who needed exactly 3 makers.

Exactly, there’s nothing inherently special about the shop ordering in a product that they have on display and if there is they should have told the OP.

Samuel T. Cogley

Simple contract is the answer. If they say they accept returns then you're entitled to rely on that notwithstanding it's not in the Sales of Goods Acts. In this case though I think the OP would be wasting €25 - they're simply going to say it's a special order.

pablo128

hognef wrote: »

In fairness now, laminate is sold in whole packs of, say, 2 point something square meters. The OP has ordered a certain number of said packs, to cover their 25 sqm floor, probably plus 5-10% extra to allow for cuts, etc. If these packs were to be restocked, they could be resold to two customers requiring 10 and 15 sqm each, for example, or could be included in the sale to somebody requiring 100 sqm.

A better analogy in Currys would be an order for 3 coffee makers. Nobody would argue that those couldn't be resold because they were originally ordered by somebody who needed exactly 3 makers.

Flooring is sold in batches so there is no discrepancy between colours. So are tiles. I doubt they could use the OPs 25 sq m as part of a bigger order.

Sleeper12

hognef wrote:

In fairness now, laminate is sold in whole packs of, say, 2 point something square meters. The OP has ordered a certain number of said packs, to cover their 25 sqm floor, probably plus 5-10% extra to allow for cuts, etc. If these packs were to be restocked, they could be resold to two customers requiring 10 and 15 sqm each, for example, or could be included in the sale to somebody requiring 100 sqm.

Laminate flooring is like buying wallpaper for anyone old enough to remember wallpaper. OPs laminate can't be sent back to the supplier & added to another order. Different batches can't be mixed. They can be slightly different shades but very noticeable ones laid down on the floor. If they took them back they might have to be sold as 2nds at a reduced price.

hognef

pablo128 wrote: »

Flooring is sold in batches so there is no discrepancy between colours. So are tiles. I doubt they could use the OPs 25 sq m as part of a bigger order.

In my experience with flooring (admittedly more semi-solid than laminate), instructions have indicated that, as it's made from natural materials, colour variations are to be expected, and the recommendation is therefore to mix boards from multiple packs in order to create a random spread. Obviously, depending on the particular style and finish, it might require closer matching of colours, but that's certainly not always the case. Perhaps that was the reason for the 'special order' designation, perhaps not. We don't know.