Can I get a refund?

bod1467

2) sounds like it is trying to make this NOT a consumer transaction. (The term would fail even the old consumer legislation never mind the new CRA).

Surfer

bod1467 wrote: »

2) sounds like it is trying to make this NOT a consumer transaction. (The term would fail even the old consumer legislation never mind the new CRA).

Thanks I thought as much. At the moment I think it is just the jitters taking on HP even though the deposit is nearly 50% of the value of the caravan and we both like the caravan. However an Unfair term could render the contract invalid should we decide to cancel.
There are other terms which are of a dubious nature also but due to ambiguity may not be dubious. Need to be a legal beagle to understand some of the clauses. I have done a check on the dealership and they get good reviews etc.
Thanks all for the valuable input.

Inner_Zone

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.

Surfer wrote: »

Thanks I thought as much. At the moment I think it is just the jitters taking on HP even though the deposit is nearly 50% of the value of the caravan and we both like the caravan. However an Unfair term could render the contract invalid should we decide to cancel.
There are other terms which are of a dubious nature also but due to ambiguity may not be dubious. Need to be a legal beagle to understand some of the clauses. I have done a check on the dealership and they get good reviews etc.
Thanks all for the valuable input.

A new caravan for £2000, where? I'll go and buy one now for cash.

Surfer

Inner_Zone wrote: »

A new caravan for £2000, where? I'll go and buy one now for cash.

Apologies for not making that clear. With the trade in, the actual deposit is a lot higher than £1000.

wealdroam

Surfer wrote: »

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.

I think the last part of point 2), the bit I've emboldened, is saying that point 2) does not apply to a consumer sale. It would be interesting to know whether 1) and 2) are part of the same 'clause'.

I only take issue with the last sentence of point 1), which appears to be trying to restrict the rights of the buyer, if that is a separate 'clause' in the terms.

Surfer

They are seperate clauses. The T & Cs seem to be loaded in the seller's favour.