Crocodile Verandas - No Cancellation Rights for Bespoke Product?

Inflatable_Armadillo

Can any of you guys help please?


My wife had a salesman out from Crocodile Verandas, as we were seriously looking at installing one. Anyway, she ended up signing up for one and placed a deposit of £1000. It was clearly a bit rash, as the cost was going to be in the order of £12,000.00 and of course we both wanted to cancel. We contacted them a couple of days later and said we would like to cancel. Now, at this point the deposit had not been taken, my wife contacted the bank and they said they would not cancel the deposit payment, as it was not frudulant, faulty good etc, which is fair comment (she is very honest is my wife).


So she contacted them by phone and was in summary told the following (this what she wrote back to them in a following email) - "After speaking to your office today I am informed you do not have a cancelation policy as this is a bespoke product. However as you have not taken the deposit of £1,000 from my account or conducted a survey prior to manufacture I would like to ask you to cancel this order."


She said the reply seemed well rehearsed... like this question has been asked many time before!



This is the reply she got back


"I have just returned from Holiday to receive your email. I would like to point out that the deposit of £1,000.00 is held in our account which was paid on your card. Our contract clearly states that it cannot be cancelled as it is a contract of manufacture to the measurements of your requirement, therefore the contract is in force and live. the balance of the deposit is required to be paid as per contract."


So, they are saying that as this is a 'bespoke' product, we can't cancel the order! I have looked at the legislation and it is really complicated around the area of bespoke products and contracts, hence I need your help and advice, can they do this, are we stuck not been able to get our money back and also be under contract to pay the balance?


For the avoidance of doubt -


The cancellation request was made well within 14 days.


The salesman came to our house, by invitation, and my wife signed the contract in our home.


The money had not been take at the time of the cancelation request


The salesman did not conduct any survey work, and even said that a surveyor would be in touch to carry this out.


He did not mention that there was not a cancellation policy, or said anything about as this was going to be a bespoke product, it could not be cancelled once the contract was signed at this point.


Thanks in advance for your help guys.

DoaM

Check the contract you (she) signed ... if there's a section whereby you're waiving your cancellation rights and authorising them to commence immediately then this needs to be clearly identified - it can't be tucked away in small print.

I presume the contract was signed at your home? Just re-read your post - it was.

Inflatable_Armadillo

It was signed in our home and I don't know yet, I am going to check the contract later. Also, they could not commence immediately, even if the contract states this, because they hadn't done any survey work?

waamo

Ouch. This is going to be an expensive lesson. Enjoy your veranda.

Inflatable_Armadillo

waamo wrote: »

Ouch. This is going to be an expensive lesson. Enjoy your veranda.

Maybe... but the whole thing stinks a little to me. It seems that simply because they are claiming this a bespoke product, even though they hadn't taken the money or actually have any information to make this bespoke product what-so-ever that this simple little clause seems to have waived any consumer right protection? They didn't say anything to that effect either, so silence by the salesman is ok? If that is the case then I will take this up with my MP etc

Greta_Sharbo

If it is bespoke then you may not have any cancellation rights but (as per post #2) this must be clear - depends what the contract says as to how to proceed.

agrinnall

Why do you think it isn't a bespoke product? I would have thought that a £12,000 conservatory would be very much designed to fit exactly with your house.

Inflatable_Armadillo

agrinnall wrote: »

Why do you think it isn't a bespoke product? I would have thought that a £12,000 conservatory would be very much designed to fit exactly with your house.

I never said it was not a bespoke product, it clearly is, like a conservatory or double glazed windows. I was just saying that if sticking a clause into your contract/terms and conditions stating that you have no right to cancel as this is a bespoke product seems like a very easy way to swerve consumer rights law. More over, other than salesman time, they haven't incurred any costs of manufacturing, because they can't make it without a survey, which they have not done!

Inflatable_Armadillo

Ok, on the terms and conditions, on the rear of the contract, it states the following as the last condition at the bottom of the page -


10. Right to Cancel - Read this carefully to find out about your cancellations rights.
10.1 In relation to bespoke goods i.e. goods made to your individual requirements and dimensions, there is no cooling off period and you do not have any rights to cancel.


That is it, nothing about starting immediately.

Aylesbury_Duck

Is that clause given the same prominence as the other preceding clauses, i.e. same size print? If so, and if it's the last clause above where your wife signed, then it cannot be claimed to have been hidden away.

If that's the case, I think you're stuck. There was an opportunity to baulk at signing having read the contract and that clause.

waamo

The goods are bespoke and there is no right to cancel. If you didn't pay I wouldn't fancy your chances if they made a court claim against you.