Ordered a chair want to cancel but no refund?

micks_address

Hi folks,

Ordered an armchair from a furniture store last week. Paid over the phone. Had a delivery from same company few days later of new sofa. Measured and chair won't fit. Called to cancel the chair order. It hasn't been dispatched etc but the store are saying they won't do a refund and only a credit note. They were going to deduct a 25 percent restock fee but are being nice so offering full credit amount. Kinda annoyed as we spent 3k on the sofa and feel like this is a bit of a mean approach. Any way I can insist on a refund?

Cheers,

Mick

L1011

If you ordered over the phone and they aren't custom made products - take delivery, and then return under distance selling regulations. Retailer has no rights to charge a restock fee or insist on a credit note in that case.

They are applying their own policies for a return here; but these cannot overrule distance selling regulations.

micks_address

https://www.boards.ie/discussion/comment/118525172#Comment_118525172

Thank you yes was ordered and paid for over the phone

micks_address

silver2020

This could be a grey area.

Did you visit the store, inspect the item, agree/provided with a price and then go home and decide to buy it and call them?

Or did you see the item in a catalogue or online and decide to make the order by phone rather than online.?

If it's the former, then it's arguable that it was not a distance selling sale as you were confirming an order based on physical inspection.

Btw, the chances are that they don't stock the item and placed an order with their supplier (quite normal in the furniture business).

micks_address

https://www.boards.ie/discussion/comment/118526647#Comment_118526647

yeah it was the later - we bought the sofa in the shop - then when we went home we were browsing for an occasional chair and spotted one we liked on their web site. I phoned the store the following week and paid for the chair with my credit card.. i actually wanted it to come with the sofa delivery but they couldnt do it.. so said it would come a week later (due to delivery van being full) The day after the sofa arrived we figured it wouldnt fit so we called to cancel.. couldnt get the sales person but they were supposed to call back... hadnt heard back today so phoned and got a manager who was like no refunds only do credit notes.. they are phoning me back tomorrow when the original sales person is in.. they are not a small independent and had quite a bit of stock of the chair.. so they didnt order it in especially for me

silver2020

Then simply say that you are canceling under the statutory distance selling regulations.

The details should be on their website too.

micks_address

Refund coming. Thanks for the help here.

Cheers,

Mick