Dunster House Ltd

[Deleted User]

Hintza wrote: »

You should pay some heed to what the others have said.

You should not leave a deposit until you have decided to purchase and why would you need to rush to leave a deposit anyway?

Looks like you have rushed into your reply, please read all the posts not only by others but also the ones made by me.
To clarify I did not rush, I had conversations with their sales team several times in the weeks before I went down to visit their site.
I had the same sales rep who was helping me earlier with my queries show me around various models and then helped me place the order.
The problem came to light when I returned to my site and re-measured everything and the roof overhang on the sides of the log cabin then appeared to breach neighbours garden. This roof-side overhang is not specified anywhere in company's website, hence the underlying problem. Hope that clears up your doubts.

[Deleted User]

I'm beginning to wonder if there is any way of having a discussion on this forum without personally attacking each other :-)
i.e. a discussion based on facts, not personal judgements

Dukesy

13.2 At the Companies discretion however, and certainly excluding any bespoke made to order items, we may allow an order to be cancelled at any time up to the 5 days before any agreed delivery/installation date. Any refund due will be less any costs incurred by the Company up to that point. Examples of these costs are: Credit/Debit/Charge Card fees, admin fee (£15), attempted delivery/installation fees etc.

It does not say 'you will only be charged £15', it says that you will be charged a basic fee PLUS any other costs they deem applicable.

sunshinetours

OP no personal attack just put it down to experience.

The facts are that paid £800 deposit for something that you hadn't checked and double checked would fit in your garden. The T&C's (have you checked the back of the paperwork for these?) clearly allow them to charge if you choose to cancel as someone has highlighted above and anything else is merely "emotive waffle" to out it bluntly

i think your mispelled thread title is rather misleading

Valli

Deleted_User wrote: »

Not trying to muddy up the waters here but is show site and retail shop not the same thing ? -

no - a 'show site' in this context is a trade/public exhibition.

ie are they selling from their OWN premises or off the premises from which they normally trade

Valli

Deleted_User wrote: »

And contracts are based on written facts, and my point again is I was not made aware of all the facts

No they're not; contracts are based on contract law and contract law sets out how they may be performed.

Contract law, for example, means that the same company can have different contracts depending on where they trade from, ie their own premises or off them.

a simple example -

Had a Dunster Rep come to your house YOU would have had a cooling off period - designed to protect a customer from a rash decision and possibly being pressured by a pushy salesman.

But you went to them; therefore a different part of contract law applies.

Valli

Deleted_User wrote: »

For clarity of the forum members so they can comment with clarity on what my grief is, here is the actual wordings on ‘cancellation’ in the paperwork that I was given
2. Right to Cancel:
2.1 Orders made by telephone, mail order or on-line customers have the right to cancel any order for Log Cabins, Playsystems or Decking (excluding any bespoke made to order items). This right to cancel extends for 7 days after the items have been delivered.
2.2 Any notification of cancellation must be made in writing, either by post to Dunster House Ltd. Caxton Road, Bedford, MK41 0LF, fax 01234 224497 or email to [EMAIL="cs@dunsterhouse.co.uk"]cs@dunsterhouse.co.uk[/EMAIL].
2.3 Assuming that the Goods were as described and not faulty a refund will take place less any reasonable charges for the costs Dunster House Ltd has incurred. Refunds will take place within a reasonable period of time after the items have been returned and inspected.
2.4 Any collections will take place from Kerbside with reasonable access granted to the Company. Please note: Due to insurance ramifications we do not enter onto customers’ property.
2.5 You can also make your own arrangements, should you wish, to return the Goods. A ‘Sales Return Note’ must be issued for this method of return. Your statutory rights are not affected. Refunds may be subject to a fee covering any costs incurred by the Company, such as Administration fees, card fees, repackaging etc.
2.6 If the goods are not as advertised then ask the delivery driver to bring the whole product back at point of delivery and we will refund your money, without any delivery or return charge. We will not supply a replacement or replacement parts as we are unable to guarantee that these will be any different. In the unlikely event that we leave the Goods and you subsequently request that they are returned, unused, unassembled and in the condition they were delivered in, we can arrange to collect the items and make a reasonable charge for that facility, providing that you notify us of your wish to cancel the order in writing within seven working days from the delivery date and provided that you are entitled to do this under the Distance Selling Regulations. These rights do not apply if you have ordered at any of our display sites.
So in my case, my interpretation/action is as follows
2.1 – does not apply in my case
2.2 – I followed this correctly-– I placed the order on Sunday around 11AM and requested cancellation on Monday 12.45pm, simply put as soon as I found out it was not going to be suitable (Monday morning)
2.3 – does not apply as no goods were delivered so no question of goods being not as described or faulty
2.4 – Not applicable, no delivery was made, so no collection necessary
2.5 – Not applicable again
2.6 – Not applicable again

This WHOLE section tells you when you can cancel. Since you have no rights to cancel under 2.1 then all subsequent sections are irrelevant. Section 2.1 details who can cancel. This is customers who ordered 'at a distance'. Section 2.6 actually points out that these rights (ie as outlinded in the whole of section 2) do not apply if you have ordered from their display sites. This = their business premises.
This is because the company MUST allow cancellations for customers under DSRs which don't apply in your case because you went to their premises.

In other words you cannot follow their order cancellation procedure under section 2.2 because you have no right to cancel under section 2.1.

Valli

Deleted_User wrote: »

I'm beginning to wonder if there is any way of having a discussion on this forum without personally attacking each other :-)
i.e. a discussion based on facts, not personal judgements

You can, of course, block posters and then you don't need to read their replies. Look for the 'ignore' option.

[Deleted User]

sunshinetours wrote: »

OP no personal attack just put it down to experience.

The facts are that paid £800 deposit for something that you hadn't checked and double checked would fit in your garden. The T&C's (have you checked the back of the paperwork for these?) clearly allow them to charge if you choose to cancel as someone has highlighted above and anything else is merely "emotive waffle" to out it bluntly

i think your mispelled thread title is rather misleading

Yes, I've checked my TnC and there is nothing in there that says they can charge me cancellation fees, I've also posted the contents of the cancellation section from my TnC in this thread in one of my earlier posts

Valli

Deleted_User wrote: »

Yes, I've checked my TnC and there is nothing in there that says they can charge me cancellation fees, I've also posted the contents of the cancellation section from my TnC in this thread in one of my earlier posts

Equally there won't be anything in YOUR T&Cs about the right to cancel, because you do not have the right in law TO cancel. The T&Cs from which you quote do not apply to YOU in this situation.

The fact that they have accepted your cancellation and have refunded almost all your deposit is down to their goodwill, quite simply.