How to get out of a signed contract?

LarryR
LarryR Posts: 107 Forumite
Eighth Anniversary 10 Posts Combo Breaker
Hi
I did something very uncharacteristic. I'm not sure if it was the excitement of being in a shop again after all this time or what, but last weekend my wife and I got carried away and bought a sofa from a high street 'italian' furniture showroom. 
It was late sunday afternoon, just before the shop closed, and we were tired, we saw a sofa, and, after much negotiating, agreed to buy it - we were offered a massive discount and kind of didn't want to miss out. I signed a contract and paid 30% deposit on my credit card. As we left, we saw a similar, but different sofa, and asked if it would be the same price? She said it would, and that we could let her know in the morning which of the two sofas to go for.
We got home that evening and immediately suffered buyers remorse. The sofa, on reflection, wasn't going to look good in our home. Not only that, but I then googled the company and discovered 100s and 100s of desperately unhappy customers - with their products as well as their customer service. I was not nervous about buying from this company.
First thing monday morning, as the shop opened, I rang them to cancel the order and ask if I could have my deposit back? The girl I had been dealing with wasn't in yet, I was told, but she would call me when she got in. I waited. Just before lunch time someone else from the store called. I explained the situation, that regrettfully, I would have to cancel my order. Since I knew the order wouldn't have been processed yet (as we hadn;t confirmed which of the two sofas we wanted) I thought they would be disappointed but still refund my deposit, as they weren't going to be out of pocket, and they're a big enough company to understand these things happen, especially in the current climate.
Instead they said they wouldnt refund my deposit. I asked to escalate it. They said someone would call me back that afternoon, but the answer would be the same. No one called.

To cut a long story short, I have been passed from pillar to post, in email conversations first with the Sales Director, and then the Head of Customer Care and have got nowhere. They are refusing to budge.  

I have been shocked by how they have treated me. We admitted we made a mistake, we apologised and informed them immediately to avoid any out of pocket costs. I have tried to compromise fairly with them. And all they have done is respond with rudeness and insulting 'gestures of goodwill'.
My question is, is there any way of getting out of this contract??? Any legal loophole? Anything at all? This company is clearly a shyster and I would have no confidence in purchasing anything with them now - not after the reviews I have read and worse, the disgusting way they have handled this situation.

Do I have any recourse here or is this a very expensive mistake that I have to suck up?
TIA

«13

Comments

  • TadleyBaggie
    TadleyBaggie Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    For a contract signed in the shop, there is no cooling off period. So you are stuck with the contract unless the retailer relents.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This company is clearly a shyster

    Really? Who is it that's trying to get out of the contract?

  • TELLIT01
    TELLIT01 Posts: 17,787 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    The company is simply sticking to their terms and conditions.  Many companies may have been more sympathetic but they are doing nothing illegal.
  • 452
    452 Posts: 443 Forumite
    100 Posts Name Dropper
    LarryR said:
    Hi
    I did something very uncharacteristic. I'm not sure if it was the excitement of being in a shop again after all this time or what, but last weekend my wife and I got carried away and bought a sofa from a high street 'italian' furniture showroom. 
    It was late sunday afternoon, just before the shop closed, and we were tired, we saw a sofa, and, after much negotiating, agreed to buy it - we were offered a massive discount and kind of didn't want to miss out. I signed a contract and paid 30% deposit on my credit card. As we left, we saw a similar, but different sofa, and asked if it would be the same price? She said it would, and that we could let her know in the morning which of the two sofas to go for.
    We got home that evening and immediately suffered buyers remorse. The sofa, on reflection, wasn't going to look good in our home. Not only that, but I then googled the company and discovered 100s and 100s of desperately unhappy customers - with their products as well as their customer service. I was not nervous about buying from this company.
    First thing monday morning, as the shop opened, I rang them to cancel the order and ask if I could have my deposit back? The girl I had been dealing with wasn't in yet, I was told, but she would call me when she got in. I waited. Just before lunch time someone else from the store called. I explained the situation, that regrettfully, I would have to cancel my order. Since I knew the order wouldn't have been processed yet (as we hadn;t confirmed which of the two sofas we wanted) I thought they would be disappointed but still refund my deposit, as they weren't going to be out of pocket, and they're a big enough company to understand these things happen, especially in the current climate.
    Instead they said they wouldnt refund my deposit. I asked to escalate it. They said someone would call me back that afternoon, but the answer would be the same. No one called.

    To cut a long story short, I have been passed from pillar to post, in email conversations first with the Sales Director, and then the Head of Customer Care and have got nowhere. They are refusing to budge.  

    I have been shocked by how they have treated me. We admitted we made a mistake, we apologised and informed them immediately to avoid any out of pocket costs. I have tried to compromise fairly with them. And all they have done is respond with rudeness and insulting 'gestures of goodwill'.
    My question is, is there any way of getting out of this contract??? Any legal loophole? Anything at all? This company is clearly a shyster and I would have no confidence in purchasing anything with them now - not after the reviews I have read and worse, the disgusting way they have handled this situation.

    Do I have any recourse here or is this a very expensive mistake that I have to suck up?
    TIA

    I guess you want a full refund? So how have you compromised fairly with them?
  • LarryR
    LarryR Posts: 107 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Thanks for your replies. I guess at first I was just hoping they would do the decent thing, as a gesture of goodwill, and because it wouldn't cost them anything. I know legally they have every right to stand by their terms and conditions, i was just surprised at how unhelpful they were. After all, often it is good customer service that ultimately makes a company. Had they handled this differently,  I may have come back in future and bought a coffee table or bed oreor anything else. Similarly I would have happily recommended them to friends. Now I feel they don't care at all about me, and would actually prefer I buy a sofa I don't want. 
    The compromises i suggested included asking for a credit note. I got a no. And to buy something else to the value of the deposit. Again, they said no.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You made a mistake.
    All the waffle about 'excitement', late sunday afternoon', 'tired', is irrelevant - that's not the shop's fault!
    You signed a contract and are legally committed to the purchase - that's what contracts mean.
    Yes, some shops are more flexible than others, but that is a matter of shop policy, not law.
  • LarryR
    LarryR Posts: 107 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Yes, I know, that's why I said "We admitted we made a mistake, we apologised and informed them immediately to avoid any out of pocket costs." I just thought for a large company such as this, one that has a "Head of Customer Care" they would have been more sympathetic and helpful. I know it's my fault. I made a mistake. People do. I'm sure you have, too. I tried to make it right as quickly as possible. But they didn't care.
  • LarryR
    LarryR Posts: 107 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    And all I was looking for was to see if there was anything else the smart people on here could suggest. Usually, when someone makes a mistake, there are options to fix it, but, disappointingly, it appears not this time. 
  • askeym
    askeym Posts: 117 Forumite
    100 Posts Name Dropper
    LarryR said:
    And all I was looking for was to see if there was anything else the smart people on here could suggest. Usually, when someone makes a mistake, there are options to fix it, but, disappointingly, it appears not this time. 

    You won't get any sympathy on this site mate.
    I know Domestos kills 99% of germs, but I'm worried about the 1% that got away.
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