Right to cancel?

Grey_Area

We bought a bed at the weekend with a voucher. We need to cancel. So far two days have expired (but one was a Sunday). The company are not responding (other than to ask us to confirm a delivery date) and in the terms and conditions it says;

2.3 You will not have any right to cancel a Voucher Contract where the Voucher has already been redeemed (i) at a Supplier or (ii) as (company name here) Wallet Credit or where the Voucher has passed its Expiry Date.

Can we still cancel? WHat's the best course of action?

Thanks!

pinkshoes

It seems to me that you have redeemed the voucher, so in theory, no.

Not sure if distance selling applies here??

fleshandbone

Sunday counts as a day you know.

DoaM

But it's not a normal working day, hence why OP realises that a response on a Sunday would be highly unlikely. Isn't that obvious?

OP - as per post #2, where did you buy? Face to face in a shop or online?

If online then their T&Cs are irrelevant as such T&Cs cannot take away your statutory rights. Any such term would be deemed null and void (but not the whole set of T&Cs).

fleshandbone

DoaM wrote: »

But it's not a normal working day, hence why OP realises that a response on a Sunday would be highly unlikely. Isn't that obvious?

OP - as per post #2, where did you buy? Face to face in a shop or online?

If online then their T&Cs are irrelevant as such T&Cs cannot take away your statutory rights. Any such term would be deemed null and void (but not the whole set of T&Cs).

Calm down lovey i was simply stating a fact my love.

Poor Sunday should not be down graded as a worthy day, this is the day I like to get out and do all my shopping, I only wish the shops were open longer.

Grey_Area

Yes,l I was talking from a point of ignorance I don't know if the 7-day cancellation rule is "7 days" or the old "7 working days".

I know there's always a battle between Ts&Cs and statutory, that's the bit I'm trying to clear up so that when (if) Living Social get back to us I know what I can reasonably request.

Grey_Area

Sorry - answers to questions - yes, bought online...code emailed to us from Living Social, go to website to redeem and purchase.

pinkshoes

Their own T&Cs seem to offer a refund of the voucher within 5 days of it being emailed to you, until you redeem it. Obviously you have redeemed it...

As this was then purchased online, this would give you distance selling rights, which I believe should over-ride their own T&Cs which may be seen as unfair.

I would reiterate you are cancelling under distance selling regulations and reject the delivery if it does arrive stating it was cancelled.

How did you pay for the voucher?

Fosterdog

The problem you may have is that you didn't purchase the bed with a card, you purchased a voucher for use with the bed company from living social, you have then redeemed the voucher so even if you have the right to cancel the bed they would only have to give you back a gift voucher as that was your method of payment.

unholyangel

OP did living social advise you of your right to cancel in a durable medium and did they also advise (again in durable medium - websites are not durable)of the circumstances your right to cancel can be lost? They also need to give you that info in a durable medium before provision of the service starts.

These are classed as services for the purpose of CCR as goods are tangible movable items. Which means you have 14 days from entering the contract to cancel but you can lose this right if you request provision of the service begin before the 14 days ends and the service is performed in full.

Grey_Area

LIving Social have now sent an email saying they are "unable to amend any order once a voucher has been redeemed" and to "contact the vendor for any advice".

Interesting since the vendor said to contact them...the good old pillar to post chase is on...

As far as I'm aware (other half carried out the purchase) we didn't really "Buy" the voucher in advance; it was emailed to us as an offer with a short validity (29th Jan) so we acted quickly and placed the order. In fact only placed yesterday, so we haven't exactly hung around.

It seems there's two contracts...one for a voucher, one for a bed. We're being told we can't cancel the vouchers as it's been redeemed (I guess Living Social would say it's sort of like asking for a refund on a cake once you've eaten it - though the voucher isn't a "thing" that can be destroyed, more of a concept).

If we can't cancel the voucher but can cancel the bed, I assume we end up paying £30 (or whatever it was) for absolutely nothing.

We've nothing in a "durable medium" as yet, it's all in emails.

Any more suggestions/confirmation of whether or not we just have to accept it? WE paid via Paypal - does that help or hinder? I wondered about just cancelling payment, but two wrongs don't make a right...