How much is fair to charge for a cancelled furniture order?

DesperateScousewife

A friend of mine ordered and purchased a suite from CSL on 14th July.
Due to extremely bad personal circumstances, my friend is no longer moving to his new address. He has tried to cancel the order and was told that a cancellation fee of £600 would be charged. Is this legal/fair? The suite was just short of £2,000 and was purchased with a debit card.

It wasn't a special order and he was told the suite was in stock he just needed to tell when it was to be delivered.

TIA for any replies.

visidigi

They can retain provable costs, that sounds totally excessive.

byjimini

Check the t's & c's? Sounds wrong to me.

visidigi

I know where they got the number from...

FOR GOODS ORDERED IN STORE
Goods available for delivery on any timescale:
These goods have been confirmed in a contract between yourself and CSL and you have no statutory right to return them unless they have a defect.
If you wish to cancel your order completely and this is agreed by CSL, you would be required to pay a standard fee which is 30% of the total order value.

http://www.csl-sofas.co.uk/terms-and-conditions/

bod1467

Did he purchase instore?

Edit: Assuming the above is correct, I'd argue that this is an unfair term and as such unenforceable. He might need to take legal action though (or at least threaten it at first) to get this sorted.

molerat

He has no rights to cancel if bought in a real shop. They can charge for any costs they have incurred. Their "losses" should be no more than about £50 in "admin" costs. At £600 they are having a laugh.

DesperateScousewife

Yes, it was purchased instore.

byjimini

Simply negotiate then. State that you believe the amount is very excessive and that you require proof, maybe even offer them £50.

bod1467

http://www.legislation.gov.uk/ukpga/1977/50 is the relevant legislation (I think).

DesperateScousewife

Does he have a leg to stand on if what visidigi has pointed out is in the t + c's?
I will probably go with him and would like to get my rights in order before I go in. Do they have to show me proof? Can I tell them I will take it further if they refuse?

somethingcorporate

It's a completely arbitrary sum (30%!) and would be seen by any court as a penalty fee and hence totally unenforceable.

He has every leg to stand on, there is no way they could make this stick.

See this FAQ post for more information: https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192