Carpet Right cancellation

stufai

A couple of weeks ago we ordered some carpets from Carpet Right, including new grippers, to be fitted tomorrow.

When we pulled up the carpets the gripper was in better condition than expected, and thus we phoned up to cancel the grippers. Carpet Right are only offering us a credit note for the value of the grippers.

Can they do this? Even before we've had the carpets fitted?

Their returns policy makes reference to returning "money".

unholyangel

Did you order online or in store?

AFAIK, grippers arent custom made - although i'm by no means a carpet expert, so feel free to correct me

stufai

From the main site, it says:

Do I have to accept a credit note if a shop offers it?
If you're simply exchanging goods that aren't faulty – then yes, as you have no legal rights to exchange non faulty items, so if that's the store policy that's it. If you do get a credit note – watch out for the restrictions as to how and when you can spend it.

But what about if I cancel an order prior to it being delivered?

stufai

unholyangel wrote: »

Did you order online or in store?

AFAIK, grippers arent custom made - although i'm by no means a carpet expert, so feel free to correct me

Ordered by phone so Distance Selling. Grippers definitely aren't custom made until they get to your house, but I don't know if that helps.

unholyangel

If you order under the DSR's you have 7 working days from when the goods are delivered to cancel - for any reason (even if they are not faulty). But custom items are exempt i believe.

If you order in store, basically you only have a legal right to return for a refund if the items are faulty, damaged, not of satisfactory quality etc. If you ordered the grippers in store then by offering a credit note, they are actually doing more than they have to do.

stufai

unholyangel wrote: »

If you order under the DSR's you have 7 working days from when the goods are delivered to cancel - for any reason (even if they are not faulty). But custom items are exempt i believe.

If you order in store, basically you only have a legal right to return for a refund if the items are faulty, damaged, not of satisfactory quality etc. If you ordered the grippers in store then by offering a credit note, they are actually doing more than they have to do.

As I ordered over the phone (so DSR apply), does that mean I am entitled to a cash refund or can they legally give me a credit note?

Thanks for your help!

unholyangel

stufai wrote: »

As I ordered over the phone (so DSR apply), does that mean I am entitled to a cash refund or can they legally give me a credit note?

Thanks for your help!

You should receive a refund, not a credit note. They can still charge you for delivery as obviously the carpets will be delivered but should refund the whole price you paid for the grippers if they are not custom made. Judging by their website, they come in metre lengths and are not custom made so should not be exempt.

Tell them specifically you wish to cancel under the DSRs for a refund and see what they say. It may just be you dealt with a new employee or someone who doesnt have a good understanding of the DSRs.

stufai

unholyangel wrote: »

You should receive a refund, not a credit note. They can still charge you for delivery as obviously the carpets will be delivered but should refund the whole price you paid for the grippers if they are not custom made. Judging by their website, they come in metre lengths and are not custom made so should not be exempt.

Tell them specifically you wish to cancel under the DSRs for a refund and see what they say. It may just be you dealt with a new employee or someone who doesnt have a good understanding of the DSRs.

I dealt with the Manager (!) and he was clearly trying to fob me off, as first he stated they were custom made which I refuted, and then he said they can offer a credit note. When I said that I was entitled to cash under DSR he said "or we can offer a credit note".

neilmcl

stufai wrote: »

As I ordered over the phone (so DSR apply), does that mean I am entitled to a cash refund or can they legally give me a credit note?

Thanks for your help!

When you say ordered by phone, do you mean that you went instore, decided which carpet you wanted then later ramg the store to confirm the order. If this is the case then I'm not sure DSRs actually do apply.

shaun_from_Africa

That's exactly what the OFT state.

Would the DSRs apply where a consumer has examined goods in my shop and then orders the same goods from me via distance means?

2.13 This depends on the circumstances, but we consider the DSRs would not normally apply where a consumer examines goods at your
premises and later orders those goods by distance means, even if the goods are slightly different, for example, ordered in a different colour from those actually examined.

stufai

neilmcl wrote: »

When you say ordered by phone, do you mean that you went instore, decided which carpet you wanted then later ramg the store to confirm the order. If this is the case then I'm not sure DSRs actually do apply.

shaun_from_Africa wrote: »

That's exactly what the OFT state.

No, we never visited the store. They did come out to measure and show us samples, but surely that doesn't contravene the DSRs?