Recliner Factory - cancelling order

[MrHat]

I am trying to help a friend's father out here.

 

I am still gathering some information but need to act quickly. Will try and keep it brief for now.

 

Person in question responded to an advertisement by The Recliner Factory last year and were subsequently visited by a salesman. I think there may have been more than one visit but will clarify. Date(s) of visit = late Nov - early Dec.

 

His wife was suffering from cancer (brain tumour) for several years and they thought a recliner chair which is easy to get up from would help her as she had developed mobility problems due to the tumour.

 

Somehow, they ended up ordering more than one chair and the total value of the order was c£6.5k.

The order has not been delivered yet.

 

His wife's health deteriorated suddenly and she passed away on 4th Jan.

 

There is now no need for the chairs.

 

The sales order form is hand written (triplicate carbon copy).

I have some photos of these forms but am awaiting the hard copies.

 

There is a tick box that says "Is this a non-bespoke order". This is not ticked.

 

On the reverse of the form in the terms and conditions it says

'There is no cancellation possible if the product is bespoke'

(hence why I mention the non-ticked box).

Otherwise there is a 14 day cancellation period.

 

I haven't scratched too much below the surface yet but on the face of it, does he have any right to cancel?

 

Payment has already been made (trying to find out payment method as we speak)

 

In the first instance,

I was going to suggest we quickly get a cancellation letter off and see how they respond.

Obviously they may well say no but then we can go from there.

 

If he has no right to cancel,

I would in the first instance ask for special dispensation due to the extenuating circumstances.

 

Any thoughts guys?

 

many thanks

[BankFodder]

If the chairs are bespoke then I'm afraid that there is no cancellation other than what you can negotiate with the company.

 

Before you give up, I would find out much more information about the chairs to discover whether they are in fact bespoke or not. You need to visit the website, see what they are offering, check the specifications of the offer – et cetera.

 

Also, how come two chairs were ordered?

Does your friend agree that they were ordered or have teachers been foisted upon them?

Did they actually need two chairs?

 

Does the order form that you refer to carry their signature? Or does it say? – Front and back

[MrHat]

thanks bankfodder

 

Figured so. Guess main hope is that they are pre-production and the company acts in good will.

 

yes signed by customer

[ericsbrother]

made to order and bespoke are not the same. For example I go to a tailors and he measure me and makes a suit to fit that is bespoke. I go to a tailors, he asks me what sort of suit I want as he doesnt stock them but they are made to order is not bespoke. Unless it is truly a one-off then the size will be a standard, the material a stock item, the upholstery done to a fixed style etc so it is no more bespoke than something from DFS

I would be looking at a full refund unless they can prove that every item they make is a one off as they havent actually finished the chairs yet anyway.

[MrHat]

I suspect that the order is just 'options' but still think we are in a pickle re cancelling.

 

What would be your first action EB?

[ericsbrother]

write to them saying that the order is cancelled and you expect a full refund if they are past the delivery date as straightforwad breach of contract You need to sy they knew time was of the essence since they were only invited round as specialists for people with problems due to terminal illness They wont be able to say that delivery is flexible then.

. If they are still in time tell them that the items are no longer needed and as the person they had a contract with is deceased and you are now officially dealing with their affairs you expect them to cease production and refund. These companies make enormous sums of money from this kind of furniture ansd it is basically very poor value for money. the production costs are no more than for an ordinay chair of similar standard so £400 would cover their costs so bear this in mind if they offer to refund 50% or so. If they say they wont accept the contract is cancelled then you will have to explain the law regarding distance selling an let them know you are not convinced that the items are "bespoke" in the true sense of the word and are up for a fight that will only result in them losing money.

The only real fly in the ointment is the interpretation of the law regarding items made to customers specifications. Can you lay your hands on a brochure or get onlne details about what they sell and what options ar offered? That will help you enormously.

[MrHat]

Hi eb,

 

Going to send a straightforward cancellation letter without delay.

 

Some more info (I have brochure, order forms and letters)

 

Firstly, the contract is with the husband, not the deceased wife.

 

There are two order forms:

 

1. A sofa that reclines and rises - design style and fabric has been specified in check boxes (£3.5k)

2. A matching sofa that does not recline or rise but is the same design and fabric. This ones seems a lot more standard. (£2k)

 

There are no details of anything truly bespoke as it is all check boxes. Appreciate in law, a judge may feel they are bespoke.

 

Within the terms and conditions, it mentions the 14 day right to cancel but that it only applies if the 'NON-BESPOKE PRODUCT' box is ticket. It is not ticked on either form. However, I am told that the salesman did not explain this.

 

In terms or delivery, it states (in the ts&cs) "We will advise the customer of the delivery date but time shall not be critical in this agreement unless it is clearly expressed on the agreement. We shall be obliged to make delivery in a reasonable time subject to availability of goods"

 

When I have access to a scanner, I'll upload.

 

It is clear that the business is designed to avoid distance selling rules and delivery dates. Perhaps that's me being cynical.