Can I get a refund?

Surfer

We went to a caravan show at the NEC within the past 24 hours and instead of using our heads, we used our hearts and put down a deposit of £1000 using a CC on a standard caravan with no custom features that we liked as the sales person offered us some very good incentives. We actually went to the show to get some accessories at discount prices and not to buy a caravan! :sad:
On the drive home and at home we have reflected on our decision and are now wondering if it was the corect decison. If we decide that we were too hasty in our decision, do we have any rights to cancel the contract as delivery of the caravan can only take place in March next year.

soolin

Surfer wrote: »

We went to a caravan show at the NEC within the past 24 hours and instead of using our heads, we used our hearts and put down a deposit of £1000 using a CC on a standard caravan with no custom features that we liked as the sales person offered us some very good incentives. We actually went to the show to get some accessories at discount prices and not to buy a caravan! :sad:
On the drive home and at home we have reflected on our decision and are now wondering if it was the corect decison. If we decide that we were too hasty in our decision, do we have any rights to cancel the contract as delivery of the caravan can only take place in March next year.

firstly, what does your contract say?

Surfer

soolin wrote: »

firstly, what does your contract say?

Contract states "All deposits are non refundable". The dealer did not have a stand at the show, but operated off the manufacturer' stand so not sure if that is regarded as an on premises contract etc?

Surfer

BTW found this;
'Business premises' includes a trader's permanent premises as well as temporary premises (such as a market stall) where they usually operate. This is a key definition with regard to the above contract types but it is not defined clearly by the Regulations.

The dealer does not usually operate at the NEC as they are ontly there for a maximum of 6 days twice a year. Not sure if that makes any difference?

bris

Surfer wrote: »

BTW found this;

The dealer does not usually operate at the NEC as they are ontly there for a maximum of 6 days twice a year. Not sure if that makes any difference?

It is classed as their place of work. Where customers come to see the traders uninvited.
It's a solicited sale, which means you went to them, if they called you and invited you this would be unsolicited and you would be covered. As it is no, you have no right to cancel.

Surfer

bris wrote: »

It is classed as their place of work. Where customers come to see the traders uninvited.
It's a solicited sale, which means you went to them, if they called you and invited you this would be unsolicited and you would be covered. As it is no, you have no right to cancel.

Thanks not exactly the answer I wanted to hear, but suspected as much. Unfortunately I was under the impression that buying at a show was covered under Distance selling.
My one and only argument it is not their usual place of business and the dealer did not have a "stall" at the show. They used someone elses stall to conduct the business.
I suppose all I can really do is go cap in hand and ask nicely or lose £1000 something I do not relish doing.

unholyangel

There are quite a few solicitors pages that specifically mention trade shows under off-premises contracts (although one of them does go on to say market traders are not off-premises because that is their usual place of business).

So in other words, you may need professional advice on whether this is an off-premises contract or not. If yes, then you should have 14 days to cancel and receive a full refund. If no then you can still cancel, but not without being liable for reasonable losses incurred due to your breach.

Surfer

unholyangel wrote: »

There are quite a few solicitors pages that specifically mention trade shows under off-premises contracts (although one of them does go on to say market traders are not off-premises because that is their usual place of business).

So in other words, you may need professional advice on whether this is an off-premises contract or not. If yes, then you should have 14 days to cancel and receive a full refund. If no then you can still cancel, but not without being liable for reasonable losses incurred due to your breach.

Thanks.As caravan has not been built and will not be ready for delivery until at least March, surely if we cancel now there should be no reasonable losses?

unholyangel

Surfer wrote: »

Thanks.As caravan has not been built and will not be ready for delivery until at least March, surely if we cancel now there should be no reasonable losses?

At this point, I'd put the reasonable losses on the back burner and focus on finding out whether it qualifies as an off premises contract or not. Because if it does, any debate about what reasonable losses they might have will be pointless as you will be cancel without penalty.

Surfer

unholyangel wrote: »

At this point, I'd put the reasonable losses on the back burner and focus on finding out whether it qualifies as an off premises contract or not. Because if it does, any debate about what reasonable losses they might have will be pointless as you will be cancel without penalty.

Thanks for the help. I will draft up a cancellation letter and see what happens.

Surfer

I was reading the T & Cs I found on the back of the invoice and these were never pointed out to me at time of signing. The have some clauses which seem unfair and contrary to the new regulations. It states the following;

1) The seller shall have the option of repairing or replacing goods which are defective because of faulty material or workmanship. The purchaser should give in writing to the seller with full details of such defects withn seven days of receipt of goods. Any exercise by the seller of this option at the request of the purchaser shall be in substitution for any other claim that the purchaser might have in respect of such defects.

2) The seller shall be under no liability to the purchaser for any defect in the goods, or for any unfitness of the goods for which they were intended or for any error in description of the goods and all terms as to quality, fitness for purpose or description of the goods which would otherwise be implied into this agreement and are hereby excluded provided that this clause shall not apply to consumer sales as defined by Supply of Goods Act 1973 or any amending legislation.

Perhaps I have misunderstood the above, but it seems that it contravenes the new legislation? Please confirm. Thanks.