Dunster House Ltd

[Deleted User]

Valli wrote: »

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.

So if I have no way of cancelling then how do you explain the contents of their FAQ section which details on cancellation for orders placed in their site ??
My view is the contents on the FAQ sections should have been present in my paperwork they provided and no one would be having any arguements about anything - all parties then clear of the terms so no questions. But that did not happen in my case, I'm no law expert and no knowledge of all the laws on contracts etc, hence the requirement for the paperwork to be given to the people when contracts are made and in my case the paperwork I was given was inadequate - that's the point.

Dukesy

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

Yes there is. It may deal more specifically with returnsut basically they say that any refund may incur costs.

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.

They also say that you are only allowed a cancellation in your circumstances at their discretion. You could have ended up having to pay everything had they not been sympathetic. Stop complaining.

Valli

Deleted_User wrote: »

So if I have no way of cancelling then how do you explain the contents of their FAQ section which details on cancellation for orders placed in their site ??
My view is the contents on the FAQ sections should have been present in my paperwork they provided and no one would be having any arguements about anything - all parties then clear of the terms so no questions. But that did not happen in my case, I'm no law expert and no knowledge of all the laws on contracts etc, hence the requirement for the paperwork to be given to the people when contracts are made and in my case the paperwork I was given was inadequate - that's the point.

No, that isn't the point.

The point is you are still smarting because you are £30 down.

They told you to go to Trading Standards. Trading Standards will tell you what I have told you.

They are obliged to inform customers who have a cancellation right how to cancel, and when.

They didn't inform you about your cancellation rights because you don't have them.

What do you plan to do now?

You COULD take them to the small claims court for your £30 back. They could refuse and see you in court. They will more than likely take this course because they know they have every right in law to retain all, or part of your deposit. You would then lose the case because YOU have no right to a refund and you could (and probably would) then be asked to pay the defendants costs. This would be way more than the £30 you want back.

Just for clarity you would be bringing the case, so you would be the plaintiff; Dunster would be defending the case, so they'll be the defendants.

macman

Yes, of course they should have informed you that they would be deducting a £30 admin charge. But you've already been told several times that you do not have any legal rights to cancel after signature without penalty, except for what the company care to give you of their own volition under their own T&C's. You clearly do not have a clue what the phrase 'binding contract' means.
By all means dispute the 'overcharge' of £15 with them if you wish, but don't be surprised if they respond by demanding that you fulfil the contract that you agreed: i.e. to purchase the item at the full cost.
They're not obliged to inform you about any cancellation charges. If you had the slightest suspicion that you might need to cancel, then why didn't you ask?
In a nutshell, you changed your mind after the event and now seem to begrudge them making a minimal and perfectly reasonable admin charge for wasting their time.

[Deleted User]

Dukesy wrote: »

Yes there is. It may deal more specifically with returnsut basically they say that any refund may incur costs.



They also say that you are only allowed a cancellation in your circumstances at their discretion. You could have ended up having to pay everything had they not been sympathetic. Stop complaining.

Where is ?
I checked again my paperwork and there is no "Returns" section in it. So please do not assume things without the facts at hand.

[Deleted User]

Valli wrote: »

No, that isn't the point.

The point is you are still smarting because you are £30 down.

They told you to go to Trading Standards. Trading Standards will tell you what I have told you.

They are obliged to inform customers who have a cancellation right how to cancel, and when.

They didn't inform you about your cancellation rights because you don't have them.

What do you plan to do now?

You COULD take them to the small claims court for your £30 back. They could refuse and see you in court. They will more than likely take this course because they know they have every right in law to retain all, or part of your deposit. You would then lose the case because YOU have no right to a refund and you could (and probably would) then be asked to pay the defendants costs. This would be way more than the £30 you want back.

Just for clarity you would be bringing the case, so you would be the plaintiff; Dunster would be defending the case, so they'll be the defendants.

This is the point that I'm not very sure about - the point that a company need not state in their terms and conditions that I don't have cancellation rights......just seems unacceptable in my view atleast - I hear all your viewpoints clearly though for sure.

And given they have so generously accepted the cancellation request and processed the partial refund and there is a clear company policy that states cancellation admin charge is £15, and in my case they have not incurred any other costs - so that is still £15 of my money that they are holding back with no good reason.

I guess trading standards will have a reasonable view about that £15.

And it's interesting to note your comments about me going to small claims court - what made you think that I want to go to small claims court ??

Stooby2

And in any case, a dispute over £30 doesn't justify you calling them "Rip-off thieves" on a public forum.

Dukesy

Deleted_User wrote: »

Where is ?
I checked again my paperwork and there is no "Returns" section in it. So please do not assume things without the facts at hand.

You know the bit that I quoted in my previous post? The bit that says:

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.

I quoted this from one of your previous posts, in which you state that this was the paperwork given to you! Can you not read?

[Deleted User]

In general I think the lesson learnt for me in this experience is go to the physical stores only to have a look at the items, ask all the questions in detail and get all the answers required. [That's the real time wasting.....unlike the genuine mistake in my case which can also be argued that product information is incorrect as the measurements of the overhang on the sides is not listed on the website or the display site]
But don't do business over there, come back home and do it on the internet/telephone - get the protection from DSR and possibly a few quid from QUIDCO/haggling too if it's available :-)
Way to go ????

[Deleted User]

Dukesy wrote: »

You know the bit that I quoted in my previous post? The bit that says:



I quoted this from one of your previous posts, in which you state that this was the paperwork given to you! Can you not read?

Sure read it again, the context of point 2.5 addresses the items that's been delivered which is not true in my case