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Carpet Right cancellation

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  • stufai
    stufai Posts: 38 Forumite
    And on the CR website, they state:
    By purchasing over the internet or by telephone you are entering into a “Distance Sale”. In addition to your normal statutory rights as a consumer you also have the right to cancel the contract at any time up to seven days after the date your order is delivered to you.
    Would them coming around to measure up and show samples mean that doesn't apply? From conversations I've had with the store, it appears that they agree that the DSRs apply but that they can give a credit note as a refund, which I disagree with.
  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Distance selling rights are there for when you do not see the product, as you saw the product in the flesh before your entered into a contract. I can't see that they would apply in this case.
    Helping the country to sleep better....ZZZzzzzzzz
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    you need to look at what the DSRs actually say

    They say somehting like 'contract concluded entireley at a distance'

    Therefore if someone came toyour house it is not really a distance contract, I dont think the law says you have to see the product itself. I would read up further though.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Ithink you should count yoursef lucky you are being offered a credit note.

    You have a contract that you are trying to wriggle out of through poor planning (we all do it) so I tnhink they are being pretty fair.
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    The regulations says:

    “distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;


    IMO if you have spoken to someone face to face and the ordered over the phone later it is not a distance contract as defined by the DSRs.

    Unfortunatley it doesn't mean you have to see product itself.

    As mentioned above you can sometimes go into a shop and see a product and then order online and still use the DSR as the shop could probably not know or prove you went instore but I guess it will be harder if you went instore and spoke to someone or they came to your house.

    Can you give us an update anyway because I guess the carpet has been put down now.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 April 2011 at 10:48PM
    This link:
    http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

    Says this:
    "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."

    Question is, did they examine the grippers or just the carpets? :D If i inspect.....say....curtains at a shop, then later order the curtains and curtain pole via phone/website, while i wouldnt expect the curtains to be covered, i would expect the curtain pole to be covered.

    Hmmm if not the DSR's then couldnt it possibly be covered by Doorstep Selling Regulations?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • mttylad
    mttylad Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How much re they charging for the gripper rods?

    They are only about a fiver for 10 most places I have looked (except in flooring shops who charge more).
  • stufai
    stufai Posts: 38 Forumite
    Carpetright agreed with me and refunded the money. Delighted.
  • visidigi
    visidigi Posts: 6,565 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Good work :)
  • Carpet right are a nightmare to deal with, i bought two carpets a few years back, total cost was approx £350 and i paid cash, they were not special order, just standard off the roll, anyway i paid and left, we popped in to b&q and seen laminate flooring on offer so we decided to change our plans and went back to carpet right to get a refund, this was only around 1 hour later!

    They dont do refunds through the store we were told, we would need to write to the head office and they would issue a cheque, took 2 weeks to get money back and i would never use them again, anyone using them should read all the small print and be 100% sure of measurements and choice.
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