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what are my rights

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I ordered a guest bed online on yesterday. They confirmed over the phone that they could deliver today. I completed the transaction over the phone. I have not recieved a confirmation email and I have tried phoning several times but cannot get through. It is now looking like there is also no delivery today. I need the bed for Christmas and will have to go out and buy something else if this does not arrive. As this order was done on the phone and the bed was not delivered as promised (though I have nothing written to confirm this) am I within my rights to cancel. I am a bit concerned it says
'Cancellation of any orders prior to delivery will be subject to a £25 admin fee' on their website. I also wonder how I can cancel as a letter is unlikely to get there in 7 days, phoning seems nearly as bad and as yet I have had no reply to my email requests for information.
Alice came to a fork in the road. "Which road do I take?" she asked. "Where do you want to go?" responded the Cheshire cat. "I don't know," Alice answered. "Then," said the cat, "it doesn't matter."
~Lewis Carroll, Alice in Wonderland ;)

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you have completed the transaction entirely by distance (ie fax, email, phone, website) then you can cancel under the DSR's and receive a full refund - including any delivery charge. You can then refuse delivery of the product (if it turns up) and they cannot treat this as breach of contract.

    They must issue a full refund within 30 days and cannot deduct any "admin" or "restocking" fee.

    Although if you do need it for christmas, perhaps it might be worthwhile calling them to see why it didnt turn up today? Did you make them aware that it was required for christmas and did they confirm the delivery date over the phone with you?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Joan49
    Joan49 Posts: 279 Forumite
    Thank you. Yes I did state I needed it for Christmas and I specifically asked if delivery this week would be a problem. The guy kept me on the phone while he checked it could be delivered. He clearly stated it would be delivered today. I've tried emailing and ringing them and no one is picking up the phone which is why I'm just a bit concerned. The website had quite good reviews but I also paid by my mastercard so hopefully if there are problems I have that as a back up.
    Alice came to a fork in the road. "Which road do I take?" she asked. "Where do you want to go?" responded the Cheshire cat. "I don't know," Alice answered. "Then," said the cat, "it doesn't matter."
    ~Lewis Carroll, Alice in Wonderland ;)
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