No right of cancellation at Boots

Spart_2

Any advise on this would be gratefully received.

Early last week my OH thought she'd lost her glasses so she called Boots to order a replacement pair & paid a £49.99 deposit (50%). The glasses would take 10 days to arrive. Two hours later my son came home from school & lo & behold the glasses were in his school bag! She immediately called Boots to cancel but was told that once the order is placed it cannot be cancelled. 3 days later & Boots are on the phone, the glasses are in & ready for collection!

I have asked & at the time of placing the order no terms or lack of them were disclosed by the Boots staff.

Does she not have the statutory 7 day cooling off period?

Spendi

im sure distance selling regulations would apply - if the sale wasnt face to face and via telephone, mail order or internet it does...

furrypolka

As these are glasses which are presumably made to your wife's prescription they would probably be exempt under the DSRs anyway as they are made to her own specification, therefore there would be no right to cancel.

Exceptions to the right to cancel

13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

...

(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

Also, if she had previously been into the store and looked at the glasses, there would have been face to face contact and the DSRs would not apply anyway. There is no statutory cooling off period for goods viewed (or bought) in a shop.

Therefore if your wife did cancel she would be in breach of contract and liable to pay Boots' losses. They may be able to mitigate their losses by re-selling the frames but she would still be liable for the lenses and any other costs that Boots will have incurred.