Where do I stand on cancellation?

NickLion

Hey,

So my mother in law went to a shop to purchase a fireplace. She ordered one and It's been almost 4 weeks but it's not here yet.
She called and they said they don't know when it would arrive due to orders being backlogged. 
She changed her mind about having the fireplace and called to cancel on the same day, to which they said she can't as its now on its way.
She has paid a £600 deposit and has around £400 left to pay.

Where does she stand with her rights to cancelling this order?
I have checked her invoice and on their website but there's no returns policy. 

Thanks.
Nick. 

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(1)This section applies to any sales contract.

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

NickLion

Thanks for the info, I'll let her know.
If they somehow manage to delivery the goods before the 30th day, what would the situation be then?

Thanks. 

Aylesbury_Duck

NickLion said:

Thanks for the info, I'll let her know.
If they somehow manage to delivery the goods before the 30th day, what would the situation be then?

Thanks. 

As it was an in-store purchase, she doesn't have a statutory right to a refund, so it would be down to their refund policy and what that allows for.

Manxman_in_exile

the_lunatic_is_in_my_head said:

...
(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

I'm always confused about what ss (6) actually means?

Does it simply mean that the consumer can treat the contract as at an end if the trader refuses to deliver within 30 days, or does it mean that the consumer must also either (i) have said delivery within an agreed period is essential or (ii) have said delivery must be in accordance with ss (3)?

I'm sure I must be missing something...

neilmcl

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

...
(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

I'm always confused about what ss (6) actually means?

Does it simply mean that the consumer can treat the contract as at an end if the trader refuses to deliver within 30 days, or does it mean that the consumer must also either (i) have said delivery within an agreed period is essential or (ii) have said delivery must be in accordance with ss (3)?

I'm sure I must be missing something...

It means the contract is at an end if the seller has not delivered the goods for any of the reasons given in ss 6, ie, they specifically refused to deliver, or by the very nature of the goods it was implicit that delivery was essential within the agreed period, or the buyer specifically told the trader that delivery with the period was essential.

In other words you may have an agreed period for delivery, and in any case they should deliver without delay, but if it is delayed for whatever reason then that's OK unless delivery is specifically time essential, either by agreement or by the nature of the goods, or again if they simply refuse to deliver full stop.

Flight3287462

Many building products are being delayed at the moment (and going up rapidly in price), I would suggest a bit of patience.

BUT ask them for a date, where its coming from etc so they don't mess you around.

Manxman_in_exile

neilmcl said:

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

...
(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

I'm always confused about what ss (6) actually means?

Does it simply mean that the consumer can treat the contract as at an end if the trader refuses to deliver within 30 days, or does it mean that the consumer must also either (i) have said delivery within an agreed period is essential or (ii) have said delivery must be in accordance with ss (3)?

I'm sure I must be missing something...

It means the contract is at an end if the seller has not delivered the goods for any of the reasons given in ss 6, ie, they specifically refused to deliver, or by the very nature of the goods it was implicit that delivery was essential within the agreed period, or the buyer specifically told the trader that delivery with the period was essential.

In other words you may have an agreed period for delivery, and in any case they should deliver without delay, but if it is delayed for whatever reason then that's OK unless delivery is specifically time essential, either by agreement or by the nature of the goods, or again if they simply refuse to deliver full stop.

Thanks.  That's what I thought, but the earlier reference to s28 seems to be suggesting that goods must be delivered within 30 days, come what may.  That certainly seems to be how the OP has interpreted it:

NickLion said:

Thanks for the info, I'll let her know.
If they somehow manage to delivery the goods before the 30th day, what would the situation be then?

Thanks. 

Doesn't the OP's mother need to make time of the essence?

sheramber

Was any delivery time given when she ordered the fireplace?

 

the_lunatic_is_in_my_head

Manxman_in_exile said:

neilmcl said:

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

...
(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

I'm always confused about what ss (6) actually means?

Does it simply mean that the consumer can treat the contract as at an end if the trader refuses to deliver within 30 days, or does it mean that the consumer must also either (i) have said delivery within an agreed period is essential or (ii) have said delivery must be in accordance with ss (3)?

I'm sure I must be missing something...

It means the contract is at an end if the seller has not delivered the goods for any of the reasons given in ss 6, ie, they specifically refused to deliver, or by the very nature of the goods it was implicit that delivery was essential within the agreed period, or the buyer specifically told the trader that delivery with the period was essential.

In other words you may have an agreed period for delivery, and in any case they should deliver without delay, but if it is delayed for whatever reason then that's OK unless delivery is specifically time essential, either by agreement or by the nature of the goods, or again if they simply refuse to deliver full stop.

Thanks.  That's what I thought, but the earlier reference to s28 seems to be suggesting that goods must be delivered within 30 days, come what may.  That certainly seems to be how the OP has interpreted it:

NickLion said:

Thanks for the info, I'll let her know.
If they somehow manage to delivery the goods before the 30th day, what would the situation be then?

Thanks. 

Doesn't the OP's mother need to make time of the essence?

I forgot to highlight the Unless there is an agreed time or period, in relation to the 30 days so if you buy a sofa from DFS and they state 12 weeks for delivery that's fine, if no time or period is agreed then it's 30 days. 

I also read (6) as "or" rather than "and", I'm just not sure why they didn't put an "or" at the end of (6)(a)? 

Manxman_in_exile

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

neilmcl said:

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

...
(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

I'm always confused about what ss (6) actually means?

Does it simply mean that the consumer can treat the contract as at an end if the trader refuses to deliver within 30 days, or does it mean that the consumer must also either (i) have said delivery within an agreed period is essential or (ii) have said delivery must be in accordance with ss (3)?

I'm sure I must be missing something...

It means the contract is at an end if the seller has not delivered the goods for any of the reasons given in ss 6, ie, they specifically refused to deliver, or by the very nature of the goods it was implicit that delivery was essential within the agreed period, or the buyer specifically told the trader that delivery with the period was essential.

In other words you may have an agreed period for delivery, and in any case they should deliver without delay, but if it is delayed for whatever reason then that's OK unless delivery is specifically time essential, either by agreement or by the nature of the goods, or again if they simply refuse to deliver full stop.

Thanks.  That's what I thought, but the earlier reference to s28 seems to be suggesting that goods must be delivered within 30 days, come what may.  That certainly seems to be how the OP has interpreted it:

NickLion said:

Thanks for the info, I'll let her know.
If they somehow manage to delivery the goods before the 30th day, what would the situation be then?

Thanks. 

Doesn't the OP's mother need to make time of the essence?

I forgot to highlight the Unless there is an agreed time or period, in relation to the 30 days so if you buy a sofa from DFS and they state 12 weeks for delivery that's fine, if no time or period is agreed then it's 30 days. 

I also read (6) as "or" rather than "and", I'm just not sure why they didn't put an "or" at the end of (6)(a)? 

Thanks.  I can't imagine why they didn't put "or" or "and" in either.  It makes it difficult to understand what they meant.