Distance buying motorbike deposit question

meat_n2_reg

Hello 

I put a £200 deposit 10 days ago on a new motorbike I had seen on a dealers website via phone call

I have found out today I am a risk of being made redundant .....

Am I entitled to a refund for my deposit if I cancel my order ? 

Many thanks 

born_again

Have you spoken the the dealer?

Will be in the T/C of the deposit.

Grumpy_chap

If it's distance buying, you can cancel for any reason or none from placing the order up to 14 days after delivery.

neilmcl

meat_n2_reg said:

Hello 

I put a £200 deposit 10 days ago on a new motorbike I had seen on a dealers website via phone call

I have found out today I am a risk of being made redundant .....

Am I entitled to a refund for my deposit if I cancel my order ? 

Many thanks 

In a word, yes,. The CCRs apply in this case, even with a deposit.

neilmcl

born_again said:

Have you spoken the the dealer?

Will be in the T/C of the deposit.

Their T&Cs don't come into it, distance sale rules apply. A full refund is applicable.

Manxman_in_exile

Is the deposit still refundable if it was to reserve the 'bike for the OP (ie withdrawing it from sale to others) rather than a down payment on the purchase price?  I'm curious to know.

neilmcl

Yes it is.

Manxman_in_exile

So in these circumstances (off-premises sale) a seller would be daft to accept a "deposit" to reserve something for a buyer and to withdraw it from sale?  It would all be refundable if cancelled by the purchaser within 14 days?

(I'm not suggesting that in this case the OP paid a deposit to the seller to withdraw it from sale, I'm curious to know what the situation would be if they did)

neilmcl

Manxman_in_exile said:

So in these circumstances (off-premises sale) a seller would be daft to accept a "deposit" to reserve something for a buyer and to withdraw it from sale?  It would all be refundable if cancelled by the purchaser within 14 days?

(I'm not suggesting that in this case the OP paid a deposit to the seller to withdraw it from sale, I'm curious to know what the situation would be if they did)

This is a distance sale, not an "off-premises sale". I'm not trying to be pedantic but it's an important distinction as they are completely different things as defined in the legislation. Buyers selling at a distance should be fully aware of the legislation involved and any payment, whether deposit or not, is refundable up until 14 days after the contract is concluded.

At least if a customer pays a deposit you'd be guaranteed that you would hear from them again, even if it is just to cancel, whereas no deposit would mean a lot of potential time wasting.

Jenni_D

Does the dealer normally allow transactions to complete remotely? (They may have a website as an advertising medium, but if they don't normally allow remote transactions then [I think] there's an exception to the cancellation rule in the CCRs).

Unlikely to apply in this case, but it should be noted for completeness.

neilmcl

Jenni_D said:

Does the dealer normally allow transactions to complete remotely? (They may have a website as an advertising medium, but if they don't normally allow remote transactions then [I think] there's an exception to the cancellation rule in the CCRs).

Unlikely to apply in this case, but it should be noted for completeness.

Yes, this is correct, it has be an 'organised' distance selling scheme rather than a one off but you'd be hard pressed to find any dealer these days who doesn't sell online in an organised fashion.