SCS online order

[ded_innit]

Hi,

I ordered a bed and carpet from SCS and it is due to be delivered on Thursday (2 days time)

They won't let me cancel the carpet from the order because it has already been cut from the roll. Surely I can cancel something I haven't received yet?

They recon it is in the terms and conditions but still - I must be able to cancel anything at anytime before delivery has taken place?

 

Any advice on this one?

 

Matthew

[ded_innit]

Email response to my telephone call:

 

Hi – further to our conversation regarding your carpet order we cannot accept a cancellation now as your carpet has now been cut to your room size as delivery is on Thursday and the carpet is currently enroute to the warehouse near you in preparation for delivery. Once a carpet is cut to room size we do consider it a bespoke order and cannot be resold easily , please check our terms and conditions for further information.

 

Regards

[dx100uk]

wrong if you ordered it on line you are covered by distance selling regulations.

 

Distance Selling Act - Business Perspective http://dshub.tradingstandards.gov.uk/

Distance Selling Act - FAQ - http://www.out-law.com/page-430

 

dx

[ded_innit]

Thanks dx100uk

those links though provide information that means I cannot cancel the order:

 

From 1st Link:

When customers do not have a right to cancel

 

The cancellation provisions do not apply to contracts for the supply of food, drinks or other goods for everyday consumption delivered to the home or workplace by regular roundsmen, or to contracts to provide accommodation, transport, catering or leisure services on a specific date or period.

 

Unless you have agreed that they can, your customers cannot cancel if the order is for

 

services once you have started the service, provided you had the customer’s agreement to start the service before the end of the usual cancellation period and you have provided the customer with the required written information before you started the service, including information that the cancellation rights would end as soon as you started the service

goods or services where the price depends on fluctuations in the financial markets that cannot be controlled by the supplier

the supply of goods made to the customer’s own specification, such as custom-made blinds or curtains. But this exception does not apply to upgrade options, such as choosing alloy wheels when buying a car, or opting for add-on memory or choosing a combination of standard off-the shelf components when ordering a PC

goods that, by reason of their nature, cannot be returned, for example, where returning the goods is a physical impossibility or goods that cannot be restored to the same physical state they were supplied in, such as nylon tights that become distorted once worn. Hygiene related goods do not fall within this category

– see the Items that raise health and safety concerns section for more information.

perishable goods like fresh foods or fresh cut flowers

audio or video recordings or computer software that the customer has unsealed

newspapers, periodicals or magazines

gaming, betting and lottery services.

 

 

From 2nd Link:

Exceptions to the right to cancel

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);

for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;

for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);

for the supply of audio or video recordings or computer software which were unsealed by the consumer;

for the supply of newspapers, periodicals or magazines; or

for gaming, betting or lottery services.

 

 

Unless I am reading it wrong?

[dx100uk]

I don't think cutting a bit of carpet from a roll is class as 'your own specification'

[if they have even cut it yet at all]

 

its not been made to your custom design.

 

and carpet certainly does not deteriorate once cut.

 

dx

[ded_innit]

This is the thing, it's now down to interpretation isn't it. But it is definitely re-sellable that's for sure.

As long as I keep everything in an email trail and have it in writing I guess I can only see where this leads.

[ded_innit]

OK so here is the section in their T&Cs I have been directed to:

 

b. Cancelling during the cooling off period

 

If you are a consumer you have a legal right to cancel the Contract and return the Product to us during the "cooling off period".

 

The "cooling off period" starts when we send you the Order Confirmation and ends on the expiry of the period of 7 working days beginning with the day after the day on which you receive the product. 'Working days' means Monday-Friday excluding public holidays.

 

You can return any product you have bought exclusively through our site/by telephone as long as (i) it has not been not made to order or (ii) it is in (or can be restored to) the same physical state it was supplied in.

 

i. Made to order Products.

 

Almost all of our sofa Products are bespoke and handmade to your specification and we cannot therefore accept any returns or exchanges unless the Product is defective. As such, once your order has been confirmed by us you will not have any right to cancel the Contract or return the Product after delivery unless it is defective. Please carefully consider your decision to place an order before doing so. We strongly recommend that you visit an ScS store to check the colour, feel and range of other sofa options available before you buy.

 

ii. Products that by reason of their nature, cannot be returned

 

We cannot accept returns of a Product that is not in (or can be restored to) the same physical state it was supplied in. That means you cannot return our carpets, vinyl or laminate lengths after they have been cut and fitted, unless they are defective. You can, however, return flooring lengths uncut, before they have been laid, during the cooling off period.

 

To notify us of your decision to cancel during the cooling off period, either email us at or write to us at A. Share & Sons Limited T/A ScS at 45–49 Villiers Street, Sunderland, SR1 1HA. You will need to return your cancelled Products to us. Please see the returns section below which tells you how to do that. We will pay for returning a Product if it is defective. You will pay our collection charge or (if we cannot collect the Product, the return costs) if the Product is not defective. We will process any refund due to you for the price of the product already paid, and the delivery charge as soon as we can and in any event within 30 days of the date of your cancellation notice.

[ericsbrother]

Note they say cut and FITTED.

 

Also note that they say AFTER delivery.

 

The DSR's of the SOGA apply as you havent taken delivery and the item is not strictly custom made.

 

That would also apply to a sofa but probably not sofa covers bought separately.

 

I hope that common sense prevails as large companies tend to be poor at understanding what the customer is actually complaining about if it is not one on their tick box list.

[ded_innit]

I sort of got my way. They cancelled the order but I had to pay £9 for the fact they cut the carpet.

Ah well, I leave it at that.

[dx100uk]

well done!

 

dx