Right to "reject" furniture - distance selling?
Discussion
Mum lives in a retirement apartment complex.
She's 89, but still able to do most things for herself.
The complex sometimes has salesmen set up the resident's lounge for the day, selling mobility aids etc.
A couple if months ago, they had someone selling beds and armchairs with electric lift mechanisms.
Unbeknownst to me and my siblings, she signed up for "made to measure" reclining armchair with a lifting seat. Fair enough, she's got some savings, her choice.
2 weeks ago, we visited her and the armchair had been delivered, she wasn't at all happy with it.
She wanted leather (to match her sofa), and the sales guy told her they couldn't supply that. Website and brochure says they can. The supplied fabric irritates the skin on her forearms, causing a rash.
Made to measure seating position, but it even felt a bit big for me at 6'1" - she's just 5'3" now. Way too big for her.
Wrong size, and not the material she wanted, sounds more like it's just what they had in stock.
She had already complained within 30 days, and was waiting for them to send someone out.
She showed us the invoice - over £4.5k!
Does she have any recourse for a refund?
For context on the price, we had a look around at how much a chair with those functions really costs.
We took her to the local up-market furniture store (Julian Foye) and had a look at a lifting armchair that matches her fairly expensive Himolla (German) sofa. No pressure from the sales staff, we were shown where it was, shown the colour swatches, and left to play with it. She loved it, ordered one.
The price - £2.1k. Less than half the price, for a clearly superior product that actually fits her.
I mentioned it to my brother this afternoon, and he got a bit angry about the sales tactics used by these companies, flogging over-priced items to a group of elderly people.
She's 89, but still able to do most things for herself.
The complex sometimes has salesmen set up the resident's lounge for the day, selling mobility aids etc.
A couple if months ago, they had someone selling beds and armchairs with electric lift mechanisms.
Unbeknownst to me and my siblings, she signed up for "made to measure" reclining armchair with a lifting seat. Fair enough, she's got some savings, her choice.
2 weeks ago, we visited her and the armchair had been delivered, she wasn't at all happy with it.
She wanted leather (to match her sofa), and the sales guy told her they couldn't supply that. Website and brochure says they can. The supplied fabric irritates the skin on her forearms, causing a rash.
Made to measure seating position, but it even felt a bit big for me at 6'1" - she's just 5'3" now. Way too big for her.
Wrong size, and not the material she wanted, sounds more like it's just what they had in stock.
She had already complained within 30 days, and was waiting for them to send someone out.
She showed us the invoice - over £4.5k!
Does she have any recourse for a refund?
For context on the price, we had a look around at how much a chair with those functions really costs.
We took her to the local up-market furniture store (Julian Foye) and had a look at a lifting armchair that matches her fairly expensive Himolla (German) sofa. No pressure from the sales staff, we were shown where it was, shown the colour swatches, and left to play with it. She loved it, ordered one.
The price - £2.1k. Less than half the price, for a clearly superior product that actually fits her.
I mentioned it to my brother this afternoon, and he got a bit angry about the sales tactics used by these companies, flogging over-priced items to a group of elderly people.
clockworks said:
I'm sure there are some backhanders at corporate level.
Point is, it doesn't actually seem to be "made to measure" at all.
In which case you could say it is faulty and ask for a replacement I guess. Obviously the salesman must have done all the measurements, but then he could say that your mum agreed to them.Point is, it doesn't actually seem to be "made to measure" at all.
I've heard of similar before, where a made to measure chair was purchased. Problem was the purchaser was bed bound and measurements were taken from her existing chair. The children went after a refund.
On LBC on Sat/Sun nights 9pm is a legal hour with two very good guys. Dean on Sunday will be a great help.He tell you exactly what your rights are.
On a complex view, are FirstPort the MA's?
On LBC on Sat/Sun nights 9pm is a legal hour with two very good guys. Dean on Sunday will be a great help.He tell you exactly what your rights are.
On a complex view, are FirstPort the MA's?
carl_w said:
I don't think you can reject stuff that is made to measure or personalized unless it is faulty.
It's not quite that black and white - things like colour from standard ranges doesn't count, so I'd assume that could apply to the fabric. The size may be selected from a standard range too. Although if it's wrong, it may be alterable.I wouldn't expect an argument from the sorts of companies that supply these chairs about correcting any issues, but it was probably a bit rash to just go off and buy something else before it was resolved if it could be returned.
Andy86GT said:
I would have thought there was some recourse based on 'fitness for purpose '.
I.e they haven't supplied one that fits her size requirements, especially valid if it was purported to be 'made to measure '.
It sounds like a case of 'miss selling '. I'd try talking to citizens advice.
It may be easily alterable. Or even if they have to build a new one it's going to cost them maybe a few hundred quid vs £4K refund.I.e they haven't supplied one that fits her size requirements, especially valid if it was purported to be 'made to measure '.
It sounds like a case of 'miss selling '. I'd try talking to citizens advice.
Like I said earlier, based on a bit of experience of old people buying stuff, the firms usually fall over themselves to make things right as they don't want too much attention to the prices they're charging old people.
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