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Nicky.biscuit

Bespoke furniture order problem - ordered by e mail

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Hello,

 

I wonder if anybody with specialist knowledge of consumer contracts can help with this.

 

I ordered a sofa in a bespoke fabric and with down fillings rather than foam from an online furniture boutique.

The retailer sent across an estimate, from which I paid a 50% deposit.

 

The estimate stated 'configuration TBC' (ie whether it was to be a left or right hand facing chaise section).

They then e mailed across a Sales Order a couple of days later, which I didn't pay much attention to to be honest, which I have since found out stated 'Left Hand Facing' for the configuration.

 

To cut a long story short, the sofa arrived and the configuration is the wrong way around and it doesn't fit in the room.

The retailer never asked me the question about configuration after the estimate was issued, so somebody in house assumed it was LHF.

 

They have since dug up an online chat transcript with me from a couple of months ago, when I was asking if a bespoke order would be possible, I said 'LHF' in that chat apparently. But no order was generated during that online chat, so I don't see how it's relevant.

 

After a long argument, they are offering to accept a return of the sofa for a 30% restocking fee (approx £1000) or to make another sofa if we pay for the bespoke fabric.

 

Where do I stand legally with this?

Is it worth pursuing it any further, they say that the onus is on the consumer to check that the details in the sales order are correct.

 

Many thanks for your help,

Nicky

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IMHO under CRA they are wrong.

restocking fees are also unlawful.


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In my opinion in this case the company is not at fault as the confirmed sales order stated left hand facing.

In all sales order I ever seen there's a clause saying that it's the purchaser responsibility to check and confirm that the order is correct.

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Hi.

 

I have to agree with King, you could have a problem if you didn't check the configuration.

 

HB


Illegitimi non carborundum

 

 

 

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The Sales order itself doesn't state that the customer must check it - just the small print on their website which is quite difficult to find. - does that make any difference to your opinions? thanks

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