What are my rights to cancelling an order

sianah

Hi there - Im writing on behalf of my Mum and Dad...
They wanted a new coffee and side table - so went to Reids Furniture store in Aberdeen, picked them out - and the Sales Assistant said they would have to order them from the supplier..my parents paid a deposit of £68, and was told the items would be dispatched - end jan/beg feb. My Mum then changed her mind about the tables - and contacted the shop - and was told that she cannot change her mind - so she will have to pay for them - is this right? The S A said she would have to go to the Citasins Advice?? Any advice would be greatful - thanks, merry xmas - Carol

wealdroam

sianah wrote: »

Hi there - Im writing on behalf of my Mum and Dad...
They wanted a new coffee and side table - so went to Reids Furniture store in Aberdeen, picked them out - and the Sales Assistant said they would have to order them from the supplier..my parents paid a deposit of £68, and was told the items would be dispatched - end jan/beg feb. My Mum then changed her mind about the tables - and contacted the shop - and was told that she cannot change her mind - so she will have to pay for them - is this right? The S A said she would have to go to the Citasins Advice?? Any advice would be greatful - thanks, merry xmas - Carol

If you buy something in a shop, then you have no statutory right to cancel the order just because of a change of mind.

If the shop has a returns policy, then that becomes a contractual right at the time of sale, but it sound like this shop does not offer that facility.

Have a look at the receipt/order form to see if it says anything about returns. Again I suspect not.

Is any credit agreement involved?
Maybe there is a cooling off period there that you could exploit.

arcon5

If there was a credit agreement involved then you will have a cancellation period for cancelling that -- you'd then have to find an alternative way to pay for the goods.

You could breach the contract for which they are legally entitled to proovable losses.

unholyangel

arcon5 wrote: »

If there was a credit agreement involved then you will have a cancellation period for cancelling that -- you'd then have to find an alternative way to pay for the goods.

You could breach the contract for which they are legally entitled to proovable losses.

Hmm unless the purchase was dependent upon the credit agreement?

arcon5

unholyangel wrote: »

Hmm unless the purchase was dependent upon the credit agreement?

If it was subject to credit then it wouldn't be a case of op cancelling the order, it would be a case of the order being rejected as credit terms are unavailable to op.

And I can't imagine the company having a term allowing the customer to cancel the sale if they cancel the credit terms. Infact theres been threads on here in the past about people cancelling credit for a sofa to then be chased by the actual retailer for the balance in whole.

Personally unless the company have a cancellation/return policy allowing op to cancel I can't see a way out of this without breaching the contract and loosing the deposit/provable losses.

*and by op I mean ops parents

sianah

Hi there, Thank you all to your replies. My parents only have paid the deposit of £68, the remainder was going to be paid in full when the items were delivered- there was no credit agreement? I will find out more info from my parents and will keep you updated... thank you again ...

bod1467

I _think_ they can cancel if they have only paid a deposit. Retailer can keep provable losses from this deposit for the breach of contract.

Technically the retailer can pursue the consumer for breach of contract, but they would need to take court action to do so, and they would need to demonstrate to a judge that they had taken reasonable steps to mitigate any losses.

My 2¢.