Window cancellation fiasco

Nate_J

I have recently ordered windows for my property through a well known home improvements brand but I now wish to cancel them due to change in circumstances and would like some further advice having had a response that they will be keeping the deposit!

For context, the window consultation was done via a 'teams' session, so it's technically an online transaction as we were not at the businesses premises to place the order.

Having looked at the contract we have been given (and electronically signed) it states a 7 day cancellation period, however quick research shows the regulatory minimum 'cooling off' period for distance selling is 14 days. Further research shows that 'made to measure' items/services are exempt from this statutory cancellation, which I suppose these windows will come under.

When we did the consultation we were asked to provide measurements of the windows which I did, but probably not to a great accuracy (As they will of course need something to base the quote on). A measurement survey was the next stage of the process, which has not yet even been organised and not carried out at the property, so no products will have been ordered thus far as the sizes have not yet been confirmed by the surveyor.

I was wondering whether the 'distance selling' regulation overruled the 'made to measure' exemption, as it really isn't clear cut within any of the research I've currently done. If not, does it matter that the surveyor has not made the final measurements of the windows for them to be able to enforce the 'made to measure' exemption?

Any help is greatly appreciated, thanks in advance.

Nate_J

Just a a side update:

The window company have not contacted me to make arrangements for the survey and it states that they will do so within 14 days (which has now passed) on the contract: 

'3. As soon as practicable and in any event within 14 days of the date of this Agreement the Company will arrange an appointment for detailed measurements of the proposed works to be taken by a Representative of the Company (“the Survey”) so that the Company may satisfy itself of:

(a)  the technical viability of the works;

(b)  compliance with current laws and regulations;

(c)  the applicability to the contract of The Party Walls Act;

(d)  the appropriateness of the price specified overleaf '

Are there any grounds to bring this up and cancel the contract since they themselves have breached this condition? I understand that they may be busy, but not really my problem.

theonlywayisup

Made to measure are exempt the regulations.  Windows and doors are made to measure.  One assumes you didn't cancel within 7 days as per their contract?

Nate_J

theonlywayisup said:

Made to measure are exempt the regulations.  Windows and doors are made to measure.  One assumes you didn't cancel within 7 days as per their contract?

Correct, we did not cancel within the 7 days.

But again, my argument being that how can they be currently 'made to measure' when the measurements haven't been taken yet. I understand that it's written into the contract and is the crux of it all, but it seems a farce when nothing is yet to have been done. They can't place the order for the windows until the measurements are taken!

Also as per my update, the arrangements for the survey are yet to be done which is stated within the contract to be within 14 days, which has now surpassed with no contact, thereby breaching their own contract. As for how substantial a breach it is and whether or not it makes any difference is the advice I'm after at this point.

the_lunatic_is_in_my_head

theonlywayisup said:

Made to measure are exempt the regulations.  Windows and doors are made to measure.  One assumes you didn't cancel within 7 days as per their contract?

My understanding is this clause only applies if communicated via durable means as part of the required information, although the company appear to have done so as OP mentions here:

https://forums.moneysavingexpert.com/discussion/6244568/double-glazing-cancellation-rights#latest

Terms OP posted on the other thread mention the company being permitted to cancel within 7 days without reason, presumably they give the consumer the same right to balance the contract but without seeing the full terms it's hard to say.  

OP do the terms mention anything about delays du to external factors? They will probably blame Covid for not measuring up within 14 days. I don't know enough to say whether this affects whether you are tied to the contract. 

One other thing to note OP you aren't bound by the contract if it doesn't include all the information listed at the link below:

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

Nate_J

the_lunatic_is_in_my_head said:

theonlywayisup said:

Made to measure are exempt the regulations.  Windows and doors are made to measure.  One assumes you didn't cancel within 7 days as per their contract?

My understanding is this clause only applies if communicated via durable means as part of the required information, although the company appear to have done so as OP mentions here:

https://forums.moneysavingexpert.com/discussion/6244568/double-glazing-cancellation-rights#latest

Terms OP posted on the other thread mention the company being permitted to cancel within 7 days without reason, presumably they give the consumer the same right to balance the contract but without seeing the full terms it's hard to say.  

OP do the terms mention anything about delays du to external factors? They will probably blame Covid for not measuring up within 14 days. I don't know enough to say whether this affects whether you are tied to the contract. 

One other thing to note OP you aren't bound by the contract if it doesn't include all the information listed at the link below:

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

As far as I can tell, I cannot see anything written into the contract regarding delays due to external factors.