A little OT: cancelling an order

[Neil Catley]

All, I have ordered some quickstep laminate skirting from

- but over the phone. The money for the order (about £280) was taken out of my account on the 23rd Oct. When I placed the order they said it would be 5-7 working days before I would have the skirting as it was a special order. Fair enough. However, there was still no sign of it at the start of this week so I called them to inquire. The guy said it would definitely be here this week - still no sign of it !! Therefore, I would like to cancel the order and go somewhere else. However, I cant get hold of them on the phone - just an answer phone. I would like to ahead and order from somewhere else, but what are the chances of me getting a refund on the undelivered skirting ?? The web site states: "Goods returned correctly ordered will be charged at 25% of invoice value!" - are they able to charge be this 25% even though the order has taken an unreasonable amount of time to fulfill ?

[David Hearn]

Is this a special "made to order" thing, or just something they need to order in which they don't keep in stock.

I'm just wondering whether the Distance Selling Regulations come into play. Made to order (ie. things which are made to size etc) are excluded from this.

D

[Neil Catley]

just something they dont stock. I thought the distance selling regs too - but that's only a 7 day 'cooling' off period. Is that from when I place the order, or from when I receive it ?

[David Hearn]

regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service. If a consumer cancels an order, written notice must be given to you by: goods - seven working days from the day after that on which the goods are received by the consumer; services - seven working days from the day after that on which the consumer agrees to go ahead with the contract.

Seeing as you've not received the goods yet, I'd assume that you're allowed to cancel.

D

[Angela]

Can't you just go to your credit card company and explain that you haven't received the goods?

[David Hearn]

>

Also:

selling regulations - contract performance You must deliver goods or provide services within 30 days, beginning with the day after the consumer sent an order, unless you agree otherwise with the consumer. If you are unable to meet the deadline, you must inform the consumer before the deadline expires and, unless a revised date is agreed, the consumer must be refunded within a further period of 30 days. The consumer cannot be obliged to agree to a revised date. If he or she does not, then the contract is thereby cancelled and any money paid must be returned within 30 days.

D

[Roger Mills]

I think you're on slightly dodgy ground unless you issued a written order in which you made clear that "Time is of the essence" and specified a required delivery date. If they accepted such an order, but failed to deliver by the required date, they would be in breach of contract - and you could demand a full refund.

However, you appear not to have done this - and have probably implicitly accepted their Terms & Conditions however unreasonable they might be.

How did you pay? If by credit card you may have some redress via your credit card company. If you paid by cheque or debit card, this wouldn't apply.

Roger

[Neil Catley]

Yep - a quick google comes up with the same. Thanks.

[Neil Catley]

They said 5-7 working days. I then spoke to them on Monday saying I needed it this this week, and they agreed it WOULD be here - and its not. Their terms and conditions can say what they want, they cant cancel the law though !

[Neil Catley]

They said 5-7 working days. I then spoke to them on Monday saying I needed it this this week, and they agreed it WOULD be here - and its not. Their terms and conditions can say what they want, they cant cancel the law though !

Paid using Visa Delta debit card - so not CC company involved.

[Rick Dipper]

Talk to your credit card company.

There are some form of insurance against this, what you get depends on the company.

Rick

[Neil Catley]

I paid by debit card :(

[Peter Crosland]

The Distance Selling Regulations have exclusions where the goods are specially ordered or made to order.

-- Peter Crosland [e-mail]

[Roger Mills]

Agreed. But if you were to sue them for your refund, you seem to have very little in writing in order to *prove* what they told you.

Roger

[David Hearn]

the right to cancel does not apply to the following, unless you agree otherwise:

personalised goods or goods made to a consumer's specification goods that cannot, by their nature, be returned perishable goods (eg flowers, fresh food) un-sealed audio or video recordings or computer software newspapers, periodicals or magazines betting, gaming or lottery services services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement goods or services, the price of which is dependent on fluctuations in the financial market.

Specially ordered things are not excluded - only made to order or personalised goods. Basically things which can't reasonably be returned to their supplier or can't be sold to someone else. Example? "Brittany Cottage" sign or made-to-measure double glazing.

D

[David Hemmings]

shouldn't matter about speciially made, if the goods haven't been delivered in the agreed timeframe, and they have broken the terms of the order

I assume you have been sent a copy of the invoice for the goods you have paid for ? does it have the terms you agreed on written on it ?

Try asking this over in uk.legal for a definitive response on your position