Ordered a sofa now changed my mind

IronWolf

Well someone from their head office called and said they will talk to the store manager and try and sort something out.

Fingers crossed that my email to the CEO might have done the trick lol.

unholyangel

IronWolf wrote: »

Well someone from their head office called and said they will talk to the store manager and try and sort something out.

Fingers crossed that my email to the CEO might have done the trick lol.

Unfair contract terms guidance by oft may be some useful reading:

Terms are always likely to be considered unfair if they exclude the consumer's rights under contract law to the advantage of the supplier. A basic right of this kind is to receive a refund of prepayments made under a contract which does not go ahead, or which ends before any significant benefit is enjoyed. In certain circumstances consumers are entitled to a refund even where they themselves bring the contract to an end.


4.3 Where customers cancel without any such justification, and the supplier suffers loss as a result, they cannot expect a full refund of all prepayments17. But a term under which they always lose everything they have paid in advance, regardless of the amount of any costs and losses caused by the cancellation, is at clear risk of being considered an unfair penalty – see Group 5.

4.5 A way to improve the fairness of such a term is to ensure that it does not go beyond the ordinary legal position. Where cancellation is the fault of the consumer, the business is entitled to hold back from any refund of prepayments what is likely to be reasonably needed to cover his net costs or the net loss of profit resulting directly from the default.18 There is no entitlement to any sum that could reasonably be saved by, for example, finding another customer.

5.6 Cancellation penalties and charges. A term which says, or is calculated to suggest, that inflated sums could be claimed if the consumer cancels the contract is likely to be challenged as unfair. For example, a penalty for wrongful cancellation that requires payment of the whole contract price, or a large part of it,20 is likely to be unfair if in some cases the supplier could reasonably reduce ('mitigate') his loss. If, for example, he could find another customer, the law would allow him to claim no more than the likely costs of doing so, together with any difference between the original price and the re-sale price.

If they call back and say no....ask them if they know what mitigation of loss means.