Double Glazing Cancellation rights

Manxman_in_exile

Just for clarification - does the 14 day cancellation period for off-premises sales still apply where the goods are manufactured to the purchaser's specification?  (I can't think of anything much more made to the purchaser's spec. than windows that have to be made to their measurement.  Or am I looking at that wrongly?).

And if the goods are being made to the purchaser's spec. and the cancelleation period does not apply, does it make a difference whether the supplier has started to make the goods yet?

(I appreciate it may not be straightforward because it's a contract for goods and services).

George_Michael

Manxman_in_exile said:

Just for clarification - does the 14 day cancellation period for off-premises sales still apply where the goods are manufactured to the purchaser's specification?  (I can't think of anything much more made to the purchaser's spec. than windows that have to be made to their measurement.  Or am I looking at that wrongly?).

Yes, the 14 day cancellation applies to the majority of off premises contracts even if the goods are made to measure or personalised.
The 14 day period can be shorter or even cancelled totally provided that the trader gives the consumer all of the required information about this and the consumer specifically agrees in writing to the work being started immediately or within the first 14 days.

Manxman_in_exile

So if the OP didn't agree in writing to the manufacturing beginning before the expiry of the 14 day cancelation period, the supplier proceeds at their own risk if they start before then.  Therefore here, the OP gets a full refund.

Jenni_D

If I've read the OP's posts correctly then they haven't received anything in writing (even email) from the DG company.

@Richbdean87 did you sign any paperwork during the sales visit? Did you read it before signing and was a copy left with you?

sheramber

According to Citizen's Advice you do not need a written agreement to have a contract. You can have a verbal contract.

 https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-service-youve-arranged

If you have a verbal contract 

You may have a contract even if there’s nothing in writing, for example if you’ve accepted a quote, paid the fee or a deposit or verbally told them to go ahead with the service

 the OP did pay a deposit.

So, it comes down to if he has a 14 day right to cancel.

OP, was  any mention made of when they would commence   the service ?

Manxman_in_exile

I'm with AdrianC on this one - all contracts are verbal, but some are written down and some are oral.  (Or vocal or spoken if you prefer).

Jenni_D

sheramber said:

If you have a verbal contract 

You may have a contract even if there’s nothing in writing, for example if you’ve accepted a quote, paid the fee or a deposit or verbally told them to go ahead with the service

Putting aside the verbal/oral/written observation ... for the consumer to be bound by the contract and to have waived their legally-entitled cancellation rights, then the seller must advise the consumer of said rights by durable means. This means in writing ... email is acceptable; a link to website T&Cs in an email is not. AFAICS the OP has not received any T&Cs in writing nevermind notice of the cancellation rights. However:

Jenni_D said:

@Richbdean87 did you sign any paperwork during the sales visit? Did you read it before signing and was a copy left with you?

It would useful if the OP answers this.

Chino

Jenni_D said:

then the seller must advise the consumer of said rights by durable means.

Your source for this requirement being?

prettywowers

pinkshoes said:

Richbdean87 said:

Thank you for getting back to me. 
They are now saying that as the windows are made to measure they do not need to refund us. At no point have I been made aware of this until I called/emailed to cancel. I've spoken to trading standards and they have confirmed this and asked for them to send their t&cs. 

I would remind them that before a contract is formed, they need to provide you with a contract including cancellation rights in a durable form e.g. paper, and ask them to provide you with a copy of this document that you signed showing you agreed to waver your 14 day cooling off period.

Then tell them that as no such document exists, and as you are still within the 14 days cooling off period, you are cancelling under the off premises distance selling laws. State that you appreciate that they may have ordered materials, but as you are still within the 14 day cooling off period and no waver was signed or agreed to, then it was their gamble to go ahead and order, and you hope they will find somewhere else to use them.

Tell them you look forward to receiving your full refund of £X deposit paid within 14 days. 

I do relish the delicious irony of you lecturing people about "should of" etc. in your signature, but being unable to spell "waiver".
Quite the juxtaposition. 😂

Aylesbury_Duck

prettywowers said:

pinkshoes said:

Richbdean87 said:

Thank you for getting back to me. 
They are now saying that as the windows are made to measure they do not need to refund us. At no point have I been made aware of this until I called/emailed to cancel. I've spoken to trading standards and they have confirmed this and asked for them to send their t&cs. 

I would remind them that before a contract is formed, they need to provide you with a contract including cancellation rights in a durable form e.g. paper, and ask them to provide you with a copy of this document that you signed showing you agreed to waver your 14 day cooling off period.

Then tell them that as no such document exists, and as you are still within the 14 days cooling off period, you are cancelling under the off premises distance selling laws. State that you appreciate that they may have ordered materials, but as you are still within the 14 day cooling off period and no waver was signed or agreed to, then it was their gamble to go ahead and order, and you hope they will find somewhere else to use them.

Tell them you look forward to receiving your full refund of £X deposit paid within 14 days. 

I do relish the delicious irony of you lecturing people about "should of" etc. in your signature, but being unable to spell "waiver".
Quite the juxtaposition. 😂

It could have been a simple typo or autocorrect of course, whereas thinking "should of" is interchangeable with "should have" demonstrates a lack of knowledge. 

You are a sensitive soul if you consider a discreet reminder in a signature to be a lecture.