want to cancel special order-where do I stand?

Mankysteve

Not sure about the collection of the bed charges but they could pursue you though the courts for the money for the bed. I wouldn't stick my head in the sand with it not turning up i would phone them and ask.

nancy1919

No I'm sure they won't pursue me for payment. The order form quite clearly states that my payment for the bed was to be conditional on delivery to my house before a certain date; and the time and date was stated on the order form plus a note that failure to deliver by that date would mean a cancelled order.

The reason i stipulated these conditions was that when I first made the enquiry about a special order, the retailer said he couldn't deliver by the date I needed, but changed his mind when he thought he was going to lose a sale.

BaldPlumber

So why can't you get a refund of your deposit? if the contract was cancelled automatically by their failure to deliver by a set date then surely you are entitled.

nancy1919

I just don't want to think about it any more. I don't care about the deposit.

ormus

i wasnt being aggressive.
i was stating the facts as a SE businessman. from my point of view.

you ordered a special product, made to measure, and then cancelled the order. the terms and conditions were very plain to you.
if it was my company, i would demand (with every right) to be paid in full.

macman

The deposit has nothing whatsoever to do with compensation, it is to confirm the contract. You are ordering goods or services in return for a consideration, the payment of part of that consideration confirms the contract. You are then liable to pay for the item when delivered, and the supplier is liable to supply it.
If you had failed to take delivery, what good would £40 be to the supplier who had made the bed especially at a far higher cost?
Even if you had ordered this bed for yourself and then expired, your estate would still be liable to pay for it.
But since the supplier has broken the contract, you are fully entitled to your deposit back (and indeed to take an action against him for his breach of contract, if you wanted to).

nancy1919

Ormus
The order wasn't cancelled. If the bed had been delivered as agreed, I would have paid for it. I had a very civil conversation with the retailer who said the bed had already been made, was in his shop and we agreed a date. Despite that, it was never delivered. In fact I stayed in, waiting for it. I agree I was pleased it wasn't delivered as it meant I didn't have to pay for it, but the onus was on the retailer to deliver.
I'm sure he could sell the bed to another customer, if it has indeed been made, as the only difference between it and his other stock was that it doesn't have a headboard.

eco-friendly_2

nancy1919 wrote: »

it was never delivered. In fact I stayed in, waiting for it..

A wasted day of your life! they should return the deposit.