Get deposit back for Kitchen possible?

inflationbuster

Hi,
I have paid a £4000+ deposit for a kitchen but it appears looking closely at the measurements it's not quite fitting in the kitchen.

See l paid for the deposit before the designer measured up although they are still working on the final plans. If the plans are still not to my suiting can l get a refund as I've not signed a contract as yet?

BykerSands

Paying a deposit suggest you already have a contract.

pogofish

A deposit does suggest at least a verbal contract? Did you or they have a witness?

bris

They don't need a witness now as the actions speak louder than witnessed words. Giving over 4k is all the proof they need to prove a contract was formed.


Pulling out may cost more than it's worth to lose, but you can always ask.

inflationbuster

No witness as done over phone?

Auntie-Dolly

Have you bought an ex-display kitchen? Normally you get it designed first, then buy the units. Whats the story here?

inflationbuster

New kitchen, sent my own measurements via email first.

Got the design which looked good, went into showroom to ask as much questions l could think off then placed deposit over phone.

Accurate measurements by kitchen designer afterwards but final plan not in hand as yet.

Having done some measurements don't feel one bit of the kitchen fits so if they don't budge with an updated design that's where I'd like to cancel.

I admit l should not have hurried until after the final plan

BykerSands

inflationbuster wrote: »

New kitchen, sent my own measurements via email first.

Got the design which looked good, went into showroom to ask as much questions l could think off then placed deposit over phone.

Accurate measurements by kitchen designer afterwards but final plan not in hand as yet.

Having done some measurements don't feel one bit of the kitchen fits so if they don't budge with an updated design that's where I'd like to cancel.

I admit l should not have hurried until after the final plan

Why did you pay before you were happy with the design?

You've every right to cancel but expect to pay for the work the designer has put in. Could be a high hourly rate.

unholyangel

There is still a possibility there is no contract in place. All depends on exactly what has been discussed so far although I would think that would be a very small possibility as any supplier should be familiar with contract formation and they'd potentially be in a vulnerable position if there was no contract.

Generally one party makes an offer of providing x consideration in exchange for y consideration provided by the other party.

This should give a bit more info on contract formation:
http://www.out-law.com/page-396

inflationbuster

Got a discount (which l knew about for a fortnight) before l parted with the deposit.

I know l should have got the designer in the home first but only found out about the design issue after l checked myself in more detail. I'm just glad l picked it up now rather than later as maybe they can do something.

unholyangel

inflationbuster wrote: »

Got a discount (which l knew about for a fortnight) before l parted with the deposit.

I know l should have got the designer in the home first but only found out about the design issue after l checked myself in more detail. I'm just glad l picked it up now rather than later as maybe they can do something.

Any design should still be within what was agreed. For example if you stated you wanted a integrated dishwasher. Just be aware if its a measurement issue then you may have to compromise somewhere - cancelling would likely be futile as any other supplier would have the same issues with measurements.