Cancellation rights distant selling

fingerbob7

Hi, I don't know if anyone could offer some advice, 3 weeks ago I ordered a washing machine over the phone from a company that also has a website and physical shops on the high street. I have decided I want to cancel, 3 days before delivery, but now I've looked at their paperwork they sent, it appears they have a 20% restocking fee. As the machine costs £800, that's a penalty of £160. Can anyone see a way out of paying this? I believe I have may have entered into a contract by placing the order.

I have already paid in full by credit card.

unholyangel

You can cancel under DSR's as the contract has not been concluded yet. You should receive a FULL refund also.

Under DSR's you can cancel before delivery for a full refund, refuse delivery and the retailer can not treat this as breach of contract.

Write to them stating that you wish to cancel under the Distance Selling Regulations and that under those same regulations you expect a full refund of all monies paid. If the delivery arrives in the meantime, refuse it,.

tomwakefield

In addition to what unholyangel said, DSRs trump any terms that try to contradict them, such as terms about restocking fees. Therefore, regardless of whether you signed to say you agreed to it or not, that bit of any contract you may have signed is invalid.

gordikin

Tell them to take a hike...if they don't contact your credit card company and request a s75 refund

See here:-

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

fingerbob7

Thanks for the advice. I didn't actually sign anything, it was all done verbally over the phone. The first time I realised there were restocking fees was when I looked at the piece of paper that arrived a few days later. I suppose they could claim its a 'special order' item as it wasn't in stock when I ordered. But the assistant told me that they had 16 coming in, and that I would be getting one of those.

tomwakefield

If they haven't made it to your order, full DSRs apply. It's irrelevant whether it was actually in stock or not.

fingerbob7

I will get on the phone tomorrow. And I'll also send it in writing. I hate confrontation but at least armed with the info from all you very helpful people I'm sure I can put up a good fight!

fingerbob7

The company refunded me in full this morning!:T
A big thank you to you lovely people for your helpful advice xxxxx