Dunster House Ltd

[Deleted User]

Stooby2 wrote: »

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

That kinda implies that you will be happy to give up £30 to anyone and not complain about it.........and I don't think many will agree !!

sunshinetours

Deleted_User wrote: »

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 ????

Isn't the lesson that if you are looking at a large purchase like a cabin to check and double check site measurements first and then take a simple tape measure and measure the buildings in the flesh.

And also never enter into any contract without understanding your rights?

Hope you find your cabin you require

Dukesy

Deleted_User wrote: »

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

That's why I said that I knew it really dealt with returns. HOWEVER, it also touches upon the principles of their refunding policy.

Valli

Deleted_User wrote: »

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 ??

You have the option to go to small claims; someone else might advise you to do this. I am, in effect, warning you not to as you have no legal claim.

I can assure you Trading Standards advice re the charge of £30 or your assumption that you are entitled to £15 back will be no different from mine.

Moreover nothing in my post implies that I think you want to go to small claims. I asked you what you are going to do now; told you that you could go to small claims and indicated the likely outcome if you do.

Let's turn the cancellation rights thing round. They DON'T include cancellation rights/how to cancel for face to face customers who purchase on their site in their terms and conditions because those customers have no cancellation rights. The company is not obliged to accept that a customer has changed his/her mind and now no longer wants the goods. In fact NO retail establishment is obliged to accept returns of goods which are not faulty or which have not been mis-sold.

So the fact that the cancellation rights are not there mean there are no cancellation rights.

Valli

Deleted_User wrote: »

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 ????

You're going to love this bit then.

If you go to a retail premises to look at goods, then order them remotely you lose the right to automatic protection under DSR! DSR have been 'created' to allow people buying goods to reject them after purchase because they did not have the opportunity to inspect them prior to purchase. By inspecting goods prior to purchase you lose the protection of DSRs.

I suggest that the best lesson for you will be to actually ask, prior to paying for goods or making a deposit for goods, whether or not you can cancel if you 'change your mind' and obtain a full refund.

For the purposes of this post 'change your mind' means that you decide you no longer want the goods for any reason whatsoever.

This does not include, of course, any remedy which may be offered should any goods you buy be faulty or develop a fault shortly after purchase.

Hintza

Deleted_User wrote: »

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 ????

You could but imagine the return P+P costs that you would incur. Would make your £30 a steal.

[Deleted User]

Not bothered about what DSR covers or not., in any acae what u r saying about DSR may not really be enforceable as in most cases thete is not going to an established link on who inspected the item in the shop and who placed order online, so it's a moot point really.
But thanks for all your comments, its clear enough now i wont see £30 back, but i still will pursue the £15 as what they have charged me contravenes their established n published company policy.
If they did not agree for cancellation then the case of 'at their discretion' comes into play for sure
But as they have agreed for cancellation then i think they are obliged to follow published company policy ., so i need to be getting my £15 back.
I welcome ur thoughts on this specific point.

[Deleted User]

Hintza wrote: »

You could but imagine the return P+P costs that you would incur. Would make your £30 a steal.

Sure but not applicable in my case as nothing was delivered and nothing needs to be returned.
In general, even if u placed the order on site and then u decide to return one would still pay return p+p., so clearly ordering online/phone seems more beneficial

Valli

So what are you going to do OP?

macman

Deleted_User wrote: »

Not bothered about what DSR covers or not., in any acae what u r saying about DSR may not really be enforceable as in most cases thete is not going to an established link on who inspected the item in the shop and who placed order online, so it's a moot point really.
But thanks for all your comments, its clear enough now i wont see £30 back, but i still will pursue the £15 as what they have charged me contravenes their established n published company policy.
If they did not agree for cancellation then the case of 'at their discretion' comes into play for sure
But as they have agreed for cancellation then i think they are obliged to follow published company policy ., so i need to be getting my £15 back.
I welcome ur thoughts on this specific point.

You really don't appreciate how generous they have already been in allowing you to cancel your contract with only a £30 penalty? Their 'discretion' can make you liable for the full cost if they so wish. You are the one in breach of contract, not them.