Carpetright wants 20% cancellation fee on a store order

Pafa

We went to Carpetright Blackburn this Monday, 23rd March 2020 to get a quote for carpets for 4 room areas in our home. The saleswoman said if we submit an order today the carpet fitter will fit tomorrow (she even called him in front of us) we caved in and made the order. We paid £992.93 on a Mastercard credit card plus £229.20 was to be paid directly to the carpet fitter after fitting of the carpet.

The next day (Tuesday, 24th March 2020) we received no call all day. We called the store on three occasions and left two voicemails plus we called head office however there was a recorded message on the line stating they will only are dealing with emails, so we wrote an email to the email address given sating we want to cancel the order. Our last voicemail to the store was to cancel the order.

Today, Wednesday, 25th March 2020 we received a call from a man dealing with the Carpetright orders stating they don't know when the order will be fulfilled and it will be at least three weeks but could be more. I told him to cancel the order. He told me that they currently have no access to refunds and not for at least three weeks plus there is a cancellation fee of 20% of the order for purchases in store. I told him that I was completely unaware of this and that I never was made aware of this fee. He referred to an (unclear?) paragraph at the back of the printed document given to us at the store stating:

'it states: Orders placed in store, in person are biding and as such cannot be canceled at any time.'

We understand that current coronavirus situation can be unclear for businesses but surely we have 14 days to cancel an order made using a credit card that was not fulfilled/delivered?

Should we call our credit card company and deal with them?

I wonder if others have or are experiencing the same

Aylesbury_Duck

You have no right to a change of mind cancellation unless the terms specifically say so.  The 14 days you refer to are applicable to a distance sale, not a purchase made in store.  Your credit card company won't be interested because the company aren't failing to deliver the service, it's just been delayed.

If they wish to accept a cancellation, they are entitled to levy a reasonable fee to do so.

I assume you still need the carpet, so why not wait and when the virus situation is under greater control and things go back to a form of normality, you'll get what you paid for.

DoaM

But ... the purchase was made on the basis of next-day supply and fitting ... something the seller has failed to deliver on, so they are in breach of contract. Proving this however is another matter ... at the moment it's he said/she said (unless the OP has something in writing regarding delivery/fitting?)

Aylesbury_Duck

Ah, you're quite right, I got to the end of the post and forgot the bit about next day fitting.
OP, what do you have to confirm next day fitting was the deal you agreed to?

unforeseen

Between when you ordered and today a lot more businesses have been told to shut as not essential. I would think carpet fitting falls firmly into that category.
Totally outside the control of the company or carpet fitter and there is probably something in their T & Cs that covers it

DoaM

unforeseen said:

Between when you ordered and today a lot more businesses have been told to shut as not essential. I would think carpet fitting falls firmly into that category.
Totally outside the control of the company or carpet fitter and there is probably something in their T & Cs that covers it

Force Majeure or something similar probably. And yes ... there was a marked difference between Monday and Tuesday; for example we had a tiler here on Monday doing our kitchen who was meant to come back yesterday but couldn't because of the guidance. However, unless the T&Cs have it covered, none of this is the OP's fault.

sheramber

Did you miss the announcement on Monday that the country was now in lockdown.  So they could not come to you on Tuesday as they were closed. Fitter was unable to work as not an essential business
No business will be able to supply you with a carpet until lockdown is finished- at the  moment that is 3 weeks as the shop mentioned , but don't count on it.

sharpe106

You will still get your carpet. In the current situation does it really matter that much? Even if you get a refund who are you going to get to fit it ? It’s a nuisance but that is it.

Pafa

 Thank you all for your input. We did change our minds after the purchase but because Carpetright store was closed and no carpet has been cut from the roll we wanted to cancel the order and the fact it could not be fitted when they said it would even when we spoke to saleswoman about possible lockdown 

Have we got the right to change our mind if pourchase is made in store?

davidmcn

Pafa said:

Have we got the right to change our mind if purchase is made in store?

There's no statutory right to do so, so only if the retailer's own terms permit it (which I guess they don't).

The_Rainmaker

The big train saying "Lockdown" was roaring down the tracks and could be seen coming a mile away and you still went out to buy a carpet.

Enjoy your new carpet when it arrives or pay the 20%.