I was mislead- Do I get my £500 deposit back

ofka81

Hi There

I had an solicited appointment in my house.I wanted to rent a used machine of leading company in beauty business and I signed the order form paying them a £500 as a deposit.
After that I found out it is leasing and when I thought over and I called the advisor that I want to get my deposit back she said:

'She cant as It has been banked already'

I have not spoken yet to her manager.
I didnt noticed that under the amount is written in small printing 'NON REFUNDABLE FOR APPROVED USED SYSTEM'
I would like to add when we spoke she said it is rental not leasing.
The contract is for 3 years which I am expecting to get it soon with no option to cancel it.

What are my legal rights regarding this the situation.Could you please help me?

arcon5

Aren't renting and leasing pretty much the same thing? :huh:

I do believe though you are covered by Distance Selling Regulations and can cancel within 7 days since the transaction took place outside of the business' usual place of business.

Unless you was acting in a business capacity.... in which case they can contract out your right to cancel so your stuffed...

Thats the legal bit..

Can we help bit..

- make sure you know what your signing before you put pen to paper!!

nikki1520

The distance selling regs don't apply as you invited the agent to your home. However there is a five day cooling off period under the consumer credit regs 1974

pcombo

No you cant get your deposit back, You signed a contract and obviosuly you read through it noticing the no refund.

ofka81

Thank you for an advice.I am mobile beauty therapist and the appointment was in my house.

arcon5

nikki1520 wrote: »

The distance selling regs don't apply as you invited the agent to your home. However there is a five day cooling off period under the consumer credit regs 1974

Is that correct?

I've always thought it was applicable to sales in your home inspite of this.. :huh:

EDIT: thats not correct, it doesn't matter if you invited them or whether they turned up unannounced, you still have the same rights.

ofka81 wrote: »

Thank you for an advice.I am mobile beauty therapist and the appointment was in my house.

B2B transactions don't usually have the same rules as B2C... with B2B the seller can contract out certain rights... including a right to cancel. So if your contract says no cancellations then it is excactly that... no cancellations.

Sorry, sounds like your stuck.

Equaliser123

arcon5 wrote: »

Is that correct?

I've always thought it was applicable to sales in your home inspite of this.. :huh:

EDIT: thats not correct, it doesn't matter if you invited them or whether they turned up unannounced, you still have the same rights.




B2B transactions don't usually have the same rules as B2C... with B2B the seller can contract out certain rights... including a right to cancel. So if your contract says no cancellations then it is excactly that... no cancellations.

Sorry, sounds like your stuck.

Although the principles regarding reclamation of a deposit (see sticky) still apply.

arcon5

Equaliser123 wrote: »

Although the principles regarding reclamation of a deposit (see sticky) still apply.

Even for B2B transactions?

I agree if op was acting as a consumer they could breach the contract and only be liable for proovable losses.

But on B2B transactions are the rules on financial penalties the same?

fthl

The distance selling regs don't apply as you invited the agent to your home.

Agreed.

However there is a five day cooling off period under the consumer credit regs 1974

No there isn't. There might be a right to withdraw, depending on what the agreement actually was and what the deal actually was.

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 might apply if the OP was buying as a consumer, but from the above this seems unlikely.

If it is a three year deal, a business contract, and only a 500 deposit, then the OP could be on the hook for quite a lot if they breach the contract.

sharnad

http://www.legislation.gov.uk/uksi/2008/1816/contents/made


did they give you details of their cancellation policy

arcon5

sharnad wrote: »

http://www.legislation.gov.uk/uksi/2008/1816/contents/made


did they give you details of their cancellation policy

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

The problem is op was acting in a business capacity and therefore not a consumer.