Cancellation rights

Ronco69

I recently ordered a settee instore with a large national retailer. I was advised that delivery would be late January. I have since been told there will be a delay to delivery but not received a firm delivery date as yet. I have since discovered they have reduced the price of the same settee by 25%. I ordered it on a buy now pay later agreement.  Can I get the reduced price now? And if not can I cancel the order?
any advice greatly appreciated. 

Aylesbury_Duck

Ronco69 said:

I recently ordered a settee instore with a large national retailer. I was advised that delivery would be late January. I have since been told there will be a delay to delivery but not received a firm delivery date as yet. I have since discovered they have reduced the price of the same settee by 25%. I ordered it on a buy now pay later agreement.  Can I get the reduced price now? And if not can I cancel the order?
any advice greatly appreciated. 

No harm in asking if they'll reduce the price for you.  Whether or not you can cancel the order without some sort of penalty will be down to the terms you signed.  What do they say?  You have no statutory cooling-off period or automatic right to cancel in store purchases, so it will be down to whether the retailer offers either or both of those things as policy.

cx6

The contract may say something about your options if an advised delivery date is not met.

the_lunatic_is_in_my_head

OP the below covers this, so give them a timeframe and if they fail to meet it seek a refund should you wish. Alternative is to explain the position the regulations permit you but suggest you'd be willing to extend your timeframe if they was willing to compensate for the further delay. In order to keep the sale they may offer so money off to met or come closer to the current price.


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

(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.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(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.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Alderbank

the_lunatic_is_in_my_head said:

(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...

Indeed.
For exactly that reason all the large national retailers' contractual terms that we have looked at in the past say that while they will use their best endeavours to keep to delivery dates these cannot be guaranteed.
It is possible that the large national retailer which the OP has used is different from the above and they do not include that contractual term. When the OP reveals who this retailer is we can follow this up.

the_lunatic_is_in_my_head

Alderbank said:

the_lunatic_is_in_my_head said:

(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...

Indeed.
For exactly that reason all the large national retailers' contractual terms that we have looked at in the past say that while they will use their best endeavours to keep to delivery dates these cannot be guaranteed.
It is possible that the large national retailer which the OP has used is different from the above and they do not include that contractual term. When the OP reveals who this retailer is we can follow this up.

The regs require the trader to either deliver the goods without undue delay and no later than 30 days or at the agreed time.

There doesn't appear to be a consideration for estimates or lack of guarantees, of course everything is reasonable which is why the regs require the consumer to agree to a new date before being permitted to treat the contract at an end (other than where delivery is essential).

The average person with an ETA of Monday for their parcel will likely agree a few more days if the courier is late, a person who orders a sofa may very well agree an extra month but if retailers had the get out of estimates or lack of guarantees it would render the above section meaningless really as it's purpose is to ensure retailers can't continue to delay delivery whilst holding the consumer to the contract. 

Ronco69

Hi quick update.  They have agreed to honour the discount on offer now and have also agreed that I can cancel if they fail to deliver by the end of this month.

the_lunatic_is_in_my_head

Ronco69 said:

Hi quick update.  They have agreed to honour the discount on offer now and have also agreed that I can cancel if they fail to deliver by the end of this month.

Thanks for posting back to let us know, a decent result all round.