Purchased Washing Machine - Now delay

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I ordered a new washing machine from a retailer (done over the phone). At the time of ordering I specifically asked about delivery date as I did not want a washing machine to be delivered and installed a few days prior to Christmas.

The retailer informed me that the manufacturer had stock of this machine in the country and advised me that it would be delivered to them in 7-10 days ie by very early Dec latest. On this basis I proceeded to order and pay (via cc) for said item.

The retailer has now called and informed me that the info originally provided as regards delivery was incorrect as the manufacturer did not have stock in the country. They added that they (the retailer) would now only be in receipt of said item on the 18 Dec (on the basis of no further hiccups).

I wanted to be clear as regards my position if I were to cancel the order.

1. My order was contingent upon a 7-10 days delivery and these terms are not now being honored by the retailer.

2. In this case, does a cooling off period also apply since this was ordered on the phone. If so does the cooling off period start when the order was placed or when the retailer changed the terms of delivery.

Wonder if someone can just clarity please.

Cheers

scullster

You're covered by the distance selling regs, you can cancel up to 7d after the goods are delivered.

A moot point is whether liability for delivery charges and collection charges - check their terms and conditions.

Any doubt, I'd cancel sooner rather than later. They then have 30d to refund you.

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Many thanks for your reply scullster.

If I was going to cancel I would do it now in view of the fact that it has only been a few days since the order was placed, that way delivery charges would not enter the equation.

If I were to cancel now, would they still be allowed 30 days to refund. After all the contractual failure was on their part not mine so why should there be this unreasonably lengthy delay in providing a refund.

Cheers

scullster

In a word - no but that won't stop them possibly trying it on as they have ordered it. Have a read up on the Distance Selling Regs.