I ordered the wrong worktop colour via email

martinsurrey

unholyangel wrote: »

I understand why you've said the above but its not correct.

It depends when the contract is formed. When you use a click and collect (which is when this scenario usually arises on this board and the reason you're probably saying the above), no contract is formed until you pay in store and therefore, CCR rules on distance contracts (including right to cancel) do not apply. Where as if you pay online, the store is no more than the delivery address.

So either the contract has been formed at a distance and CCR cancellation rights apply or the contract has not been formed yet and therefore OP cannot be held to a contract that doesn't yet exist.

exactly, but there is a third option.

OP went to a shop, saw some worktops, then later on, phoned to order.

that is a formed contract, but was not entirely done by distance communication, and so OP can be held to it, but cannot cancel under the CCR cancel rights.

until we get more info its all just guess work.

neilmcl

unholyangel wrote: »

I understand why you've said the above but its not correct.

It depends when the contract is formed. When you use a click and collect (which is when this scenario usually arises on this board and the reason you're probably saying the above), no contract is formed until you pay in store and therefore, CCR rules on distance contracts (including right to cancel) do not apply. Where as if you pay online, the store is no more than the delivery address.

So either the contract has been formed at a distance and CCR cancellation rights apply or the contract has not been formed yet and therefore OP cannot be held to a contract that doesn't yet exist.

I'm not sure you got the point I was making. I was saying quite simply that the OP wouldn't have any rights under the CCRs if they had yet to pay for the item and the payment was going to be made face to face.

KeithP

neilmcl wrote: »

...and the payment was going to be made face to face.

... at the buyer's home? An 'off premises' contract?

neilmcl

KeithP wrote: »

... at the buyer's home? An 'off premises' contract?

I'm not sure that payment on delivery classes as an "off premises contract".

martinsurrey

neilmcl wrote: »

I'm not sure you got the point I was making. I was saying quite simply that the OP wouldn't have any rights under the CCRs if they had yet to pay for the item and the payment was going to be made face to face.

no, you are missing unholys point.

(ignoring the fact OP might have had face to face contact already)

Either the contract is currently formed, and CCR applies, or there is no contract and OP can freely cancel.

CCR applies if all communication UP TO THE POINT OF CONTRACT, is via distance methods.

so its a fact that either its a CCR contract, or there currently is no contract and OP can cancel at will (as long as OP has had no face to face contact up to now).

unholyangel

neilmcl wrote: »

I'm not sure you got the point I was making. I was saying quite simply that the OP wouldn't have any rights under the CCRs if they had yet to pay for the item and the payment was going to be made face to face.

Payment being made isn't one of the requirements of a legally binding contract. You can have a legally binding contract without payment being made and you can make payment without having a legally binding contract.

Also worth noting that CCRs apply to all contracts - just part 3 (the right to cancel) only applies to distance or off-premises contracts.

Martinsurreys explained the gist of what I meant though.

If they are alleging the contract has been formed (which it has if they're trying to charge a 25% cancellation fee) then the contract has been formed at a distance and attracts full cancellation rights under the CCRs. If they are alleging the contract would not be formed until delivery (and therefore would not attract cancellation rights as a distance contract under CCRs given face to face contact) then OP is free to wirthdraw their offer.

Either way, OP has a FOC get out.

martinsurrey

unholyangel wrote: »

Either way, OP has a FOC get out.

winner winner chicken dinner!

*Kat*

Story goes:

I see a breakfast bar I like, the manufacturer don't sell directly. Send me a list of places I can buy it.

I email one of the places to ask for a quote and the colour I want. He sends email back with price. I say yes. He calls me to ask me how I will pay (I can go into the place or do it on delivery). I say I will pay on delivery.

I have not met them face to face.

I contacted them and they said that their supplier is requesting a 25% restock fee - £46.37 + VAT. Not really sure how to approach tbh.

My new breakfast bar in the correct colour is £144.25 + VAT

Alter_ego

If you haven't paid I think you have the upper hand. Call them to change the order.

They're not likely to take you to court for about £46 restocking fee if you refuse to pay.

neilmcl

The OP was advised to do change the order 2 days ago. This is starting to sound more like buyer's remorse than anything else.