Suit Hire Cancellation

es5595

I left it a bit last minute to hire a suit for a wedding, and booked one on Moss Bros website on 8th August after looking on their website and seeing it was the last possible date to book to have a suit for the wedding. After returning from holiday I've looked further and decided to just buy one, which I've now done. 

I emailed yesterday requesting they cancel the order, and I've had a response today saying cancellation less than 30 days they'll charge me full price as per their T&Cs, do I wish to go ahead? However, surely this cannot override the CCR which would allow me to cancel, possibly less a charge for any justifiable costs? 

I booked on the 8th August, cancelled on the 18th August and the hire was booked for 29th August. Should I just re-iterate my request to cancel and confirm its under the CCR not their T&Cs?

DullGreyGuy

You certainly can and see what they say. The CCR would allow you to cancel at no cost as its within 14 days of buying online but it does have some exceptions....

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

I wonder if they will argue that suit hire falls under "services related to leisure activities"? 

Aylesbury_Duck

Yes, that's the tactic I'd employ.  Presumably their contention will be that because they have an advertised three week cut-off, and you've reduced that to 11 days, they're unlikely to be able to hire it out to someone else, which is a reasonable point.  I suspect they have the right to charge for loss of revenue and a bit for administration but they will be saving on cleaning.  Maybe they're justified in retaining 75% of the charge, or something similar?

biscan25

12. ADDITIONAL RIGHTS FOR ONLINE USERS

- If your order is made online, and at no point did you visit one of our stores, you will have a 14-day cooling-off period to cancel your order with a full refund.

- Where your order is made within 14 days of the collection or delivery date, this condition will not apply.

DullGreyGuy

Aylesbury_Duck said:

Yes, that's the tactic I'd employ.  Presumably their contention will be that because they have an advertised three week cut-off, and you've reduced that to 11 days, they're unlikely to be able to hire it out to someone else, which is a reasonable point.  I suspect they have the right to charge for loss of revenue and a bit for administration but they will be saving on cleaning.  Maybe they're justified in retaining 75% of the charge, or something similar?

If the CCR applies they cannot charge for anything, you have a statutory cancellation period as long as the service hasn't commenced at the OP's express wish (which it hasn't as they haven't got the suit). 

29. (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);

(b)regulation 34(9) (where value of goods diminished by consumer handling);

(c)regulation 35(5) (where goods returned by consumer);

(d)regulation 36(4) (where consumer requests early supply of service).

biscan25

That's from their own Ts + Cs https://www.mossbroshire.co.uk/terms-and-conditions

DullGreyGuy

biscan25 said:

12. ADDITIONAL RIGHTS FOR ONLINE USERS

- If your order is made online, and at no point did you visit one of our stores, you will have a 14-day cooling-off period to cancel your order with a full refund.

- Where your order is made within 14 days of the collection or delivery date, this condition will not apply.

So their own T&Cs embed the statutory cooling off period... we'll ignore the second point's legality as it doesn't apply with this case.

biscan25

DullGreyGuy said:

biscan25 said:

12. ADDITIONAL RIGHTS FOR ONLINE USERS

- If your order is made online, and at no point did you visit one of our stores, you will have a 14-day cooling-off period to cancel your order with a full refund.

- Where your order is made within 14 days of the collection or delivery date, this condition will not apply.

So their own T&Cs embed the statutory cooling off period... we'll ignore the second point's legality as it doesn't apply with this case.

Presumably they are relying on regulation 36(4) taking away the cooling off period, rather than reducing it. As you say though not relevant to the OP.

DullGreyGuy

biscan25 said:

DullGreyGuy said:

biscan25 said:

12. ADDITIONAL RIGHTS FOR ONLINE USERS

- If your order is made online, and at no point did you visit one of our stores, you will have a 14-day cooling-off period to cancel your order with a full refund.

- Where your order is made within 14 days of the collection or delivery date, this condition will not apply.

So their own T&Cs embed the statutory cooling off period... we'll ignore the second point's legality as it doesn't apply with this case.

Presumably they are relying on regulation 36(4) taking away the cooling off period, rather than reducing it. As you say though not relevant to the OP.

36(4) still doesn't say it cannot be cancelled and no refund but that they can charge for the proportion of the service rendered. If I am hiring something for 4 days and cancel it 3 days before receiving it I have received 0% of the service paid for.

biscan25

Yeah agreed. I think what they are trying to do, clumsily, is stop the ability for clause 12 allowing customers to cancel the service after it has been rendered.