Cancelling part of SCS order

chris180682

Hello,
We ordered a sofa and footstool in store on 6/6/15 which has yet to arrive. I called the store today to cancel the footstool part of the order but was told I cannot do this after 7 days. It does day 7 days on the front of the contract although the info in the terms and conditions seems to contradict this. The follwoing is what's on their website although does his only apply to online orders?;

2. Right to cancel

You have the right to cancel the contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire or a third party other than the carrier and indicated by you acquires:

physical possession of the products, or
in the case of a contract relating to multiple products ordered by you in one order and delivered separately, physical possession of the last product, or
in the case of a contract relating to delivery of a product consisting of multiple lots or pieces, physical possession of the last lot or piece.
To exercise the right to cancel, you must inform us A. Share & Sons Limited trading as ScS of 45–49 Villiers Street, Sunderland, SR1 1HA, telephone 0800 7310048, fax 0191 510 9048 or by email at scsonline@scs.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at section 4 below, but it is not obligatory

The small print on the actual paperwork I have also seems to contradict the 7 day rule;

"You will not have any right to cancel or return the products ONCE DELIVERED unless the product is defective, etc, etc"

Basically would just like to know if I have any rights here or is it a simple case of the 7 days having passed so tough?

Thanks in advance.

shaun_from_Africa

What is on their website is the legal requirements for distance sales and has no bearing on their store purchase policies.
Unless informed otherwise, you should take all in store purchases to be non cancellable or returnable unless the goods are not as described or faulty when delivered so what is written on your paperwork is correct and legal.

chris180682

Thanks, I suspected that might be the case. It seems strange in this case though as there's really no difference purchasing in store as you don't actually receive the item unil delivered same as an online purchase but guess that's the law.

shaun_from_Africa

The main difference is that when buying in a store you normally have an opportunity to look at a display item to see if it is suitable for your requirements.
When buying online, the first time you will get to see the item will be when it gets delivered and it might only be then when you realise that it's not quite what you wanted.

chris180682

Yes I can see that point. So the "14 days from delivery date" which is on my paperwork is presumably referring to faulty or defective items then?
Thanks again

bris

chris180682 wrote: »

Yes I can see that point. So the "14 days from delivery date" which is on my paperwork is presumably referring to faulty or defective items then?
Thanks again

No it's for online purchases. There is no time scale( well 6 years I suppose) for faulty goods.

ThumbRemote

chris180682 wrote: »

Yes I can see that point. So the "14 days from delivery date" which is on my paperwork is presumably referring to faulty or defective items then?
Thanks again

Can you clarify this? You don't make mention of any 14 days period being on your paperwork in the first post you made.

What does the paperwork you have (ignoring the internet completely) actually say?

chris180682

That part is on the actual paperwork I received in store though and doesn't mention online orders. I don't understand why it says "you cannot cancel the order or contract ONCE DELIVERED unless defective". I understand why it says something similar on the website re online orders but my paperwork isn't referring to online orders. So I guess the '7 day rule' jut overrides this then.

chris180682

Sorry just seen the last reply. My actual contract says what I have listed above. That to me suggests that you can cancel in before its delivered but obviously not as the front of the contract does so no cancellations after 7 days.

chris180682

It doesn't mention 14 days on my contract, just what I have said above. Sorry for the confusion

chris180682

So the info on my contract still seems contradictory. Can't cancel after 7 days but the small print says can't cancel once delivered unless defective. Meaning you can't cancel even before delivered if the 7 days has passed.