Double Glazing Cancellation rights

Jenni_D

Chino said:

Jenni_D said:

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

Your source for this requirement being?

As I recall, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Nate_J

George_Michael said:

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.

Sorry to hijack this thread and revive it! But I have got this exact issue at the moment (I have started my own thread). When does the order become 'bespoke'? As the window surveyor has not yet been to measure my windows (presumably to place the customised order). I am still inside the 14 days, but outside the 7 days, so you may be able to see my predicament here.

You say 'the 14 day cancellation applies to the majority of off premises contracts even if the goods are made to measure or personalised'. What regulation/info does this statement above come from?

Thanks,

the_lunatic_is_in_my_head

Nate_J said:

George_Michael said:

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.

Sorry to hijack this thread and revive it! But I have got this exact issue at the moment (I have started my own thread). When does the order become 'bespoke'? As the window surveyor has not yet been to measure my windows (presumably to place the customised order). I am still inside the 14 days, but outside the 7 days, so you may be able to see my predicament here.

You say 'the 14 day cancellation applies to the majority of off premises contracts even if the goods are made to measure or personalised'. What regulation/info does this statement above come from?

Thanks,

It's complicated but for an off-premises contract the trader must provide the information detailed in schedule 2 via durable means:

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

including:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

There are limits where the right to cancel does not exist including:

www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

It does not mean you cancel if work hasn't begun, simply if that's what the contract is for there isn't a right to cancel.

But, it has been suggested by respected posters that for the trader to rely on the limit they must communicate this as part of their obligation from (l) of schedule  2.

Nate_J

the_lunatic_is_in_my_head said:

Nate_J said:

George_Michael said:

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.

Sorry to hijack this thread and revive it! But I have got this exact issue at the moment (I have started my own thread). When does the order become 'bespoke'? As the window surveyor has not yet been to measure my windows (presumably to place the customised order). I am still inside the 14 days, but outside the 7 days, so you may be able to see my predicament here.

You say 'the 14 day cancellation applies to the majority of off premises contracts even if the goods are made to measure or personalised'. What regulation/info does this statement above come from?

Thanks,

It's complicated but for an off-premises contract the trader must provide the information detailed in schedule 2 via durable means:

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

including:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

There are limits where the right to cancel does not exist including:

www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

It does not mean you cancel if work hasn't begun, simply if that's what the contract is for there isn't a right to cancel.

But, it has been suggested by respected posters that for the trader to rely on the limit they must communicate this as part of their obligation from (l) of schedule  2.

It does become a bit complicated, especially when it comes to the legal wording on the matter.

I think I need to determine whether the contract comes under 'bespoke/made to measure' from the date the contract is signed, or whether it should be from the day the surveyor comes to take the measurements to pass onto the manufacturer/factory to put the bespoke order in for the products to actually be made.

The contract states the following:
'The Company is supplying “made to measure goods” under the contract and so the Purchaser does not have a statutory right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As members of the GGF, we adhere to their Code of Good Practice and offer a contractual right to cancel the contract in accordance with the Notice of Cancellation Rights set out below. The Company reserves the right to cancel the contract for any reason within 7 days of this contract being signed.'

To me, how can the goods be made to measure, if they currently don't know the measurements the windows are required to be?

Jenni_D

Even if the contract can't be (lawfully) cancelled, that doesn't mean you can't breach the contract by cancelling. In such a situation you may be liable for their provable losses caused by the cancellation - as no measurements had been taken they can't have started any production work, so any losses would be administrative at most, thus fairly low cost.

Nate_J

Jenni_D said:

Even if the contract can't be (lawfully) cancelled, that doesn't mean you can't breach the contract by cancelling. In such a situation you may be liable for their provable losses caused by the cancellation - as no measurements had been taken they can't have started any production work, so any losses would be administrative at most, thus fairly low cost.

That's right, we can cancel the contract, however written in the contract it states 25% of the contract price (which just so happens to be the deposit amount) before the survey in undertaken. I'm not willing to give up a 25% deposit on what is a very considerable amount of money for the replacement of all windows on the property.

Realistically, they're losses wouldn't anywhere near as much as no products or services (other than the sales rep) have been provided or made.

Jenni_D

It is highly likely that the 25% term is an unfair term in a consumer contract and thus unenforceable. 25% would likely be seen as a penalty, which is not allowed in a consumer contract. (Note that I said provable losses).

Enforcing your rights may be another matter though - you may need to raise a court claim to recover (most of) the deposit ... or at least an LBA.

the_lunatic_is_in_my_head

Nate_J said:

the_lunatic_is_in_my_head said:

Nate_J said:

George_Michael said:

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.

Sorry to hijack this thread and revive it! But I have got this exact issue at the moment (I have started my own thread). When does the order become 'bespoke'? As the window surveyor has not yet been to measure my windows (presumably to place the customised order). I am still inside the 14 days, but outside the 7 days, so you may be able to see my predicament here.

You say 'the 14 day cancellation applies to the majority of off premises contracts even if the goods are made to measure or personalised'. What regulation/info does this statement above come from?

Thanks,

It's complicated but for an off-premises contract the trader must provide the information detailed in schedule 2 via durable means:

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

including:

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

There are limits where the right to cancel does not exist including:

www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

(b)the supply of goods that are made to the consumer’s specifications or are clearly personalised;

It does not mean you cancel if work hasn't begun, simply if that's what the contract is for there isn't a right to cancel.

But, it has been suggested by respected posters that for the trader to rely on the limit they must communicate this as part of their obligation from (l) of schedule  2.

It does become a bit complicated, especially when it comes to the legal wording on the matter.

I think I need to determine whether the contract comes under 'bespoke/made to measure' from the date the contract is signed, or whether it should be from the day the surveyor comes to take the measurements to pass onto the manufacturer/factory to put the bespoke order in for the products to actually be made.

The contract states the following:
'The Company is supplying “made to measure goods” under the contract and so the Purchaser does not have a statutory right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As members of the GGF, we adhere to their Code of Good Practice and offer a contractual right to cancel the contract in accordance with the Notice of Cancellation Rights set out below. The Company reserves the right to cancel the contract for any reason within 7 days of this contract being signed.'

To me, how can the goods be made to measure, if they currently don't know the measurements the windows are required to be?

I think they've covered themselves here, the limit applies to the contract as a whole rather than at what stage the contract is currently in.

I think a court would decide that windows are made to measure as millions of homes will have different sized windows. 

shesu

Hi Richbdean87,

Did you have any luck with this?

I am unfortunately in the same position as you are.

I hope you had some luck! 

shesu

Hi Richbdean87,

Did you have any luck with this?

I am unfortunately in the same position as you are.

I hope you had some luck!