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Shutters still waiting to be fitted

Jupo17
Posts: 1 Newbie
I ordered some shutters in February and paid a deposit of half the total value. I was informed that it would take 12 weeks for the shutters to be made and delivered as they would be coming from China. After the12 weeks was up I contacted the company and they informed me that there had been a hold up due to China going into another lockdown which had held things up. I totally understand that. Anyway, jump to the present day and I am still waiting for the shutters to be delivered and fitted. I have chased them up several times only to be fobbed off about problems in China etc. I paid the deposit via credit card. My question is, how long do I reasonably have to wait for this product? I have signed a contract stating that I cannot cancel the order as the shutters are being made to order. Surely waiting 7 months is unacceptable?
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Comments
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yes 7 months is unacceptable if you are still within timeframe do a chargeback otherwise a s751
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You (and I) might think 7 months is unacceptable but you can't assume it is 'surely'.
Consumer law says that unless you were specific about timeframe it must be 'reasonable'. That means within a timeframe that a reasonable person would consider to be reasonable having regard to all the circumstances. There have been a lot of issues in the last few years due to raw material problems, Covid in China and shipping problems, so the delay might be 'reasonable'.
Did you select the blinds from a preset list of sizes, materials and colours?
The Consumer Rights Act gives you the right to cancel the supply of goods unless they are made to the consumer's specification or are personalised. The retailer cannot restrict that right.
Choosing from a list is not the same as making to the consumer's specification or personalised. That would be the case only if you had ordered a non-standard size or a special material or a custom colour.1 -
Alderbank said:Consumer law says that unless you were specific about timeframe it must be 'reasonable'.
OP this comes under delivery of goods, where an agreed time (the 12 weeks) is given but missed you need to give them a second timeframe to deliver within and if this also fails you may then treat the contract at an end and receive a full refund without undue delay.
This overrides any terms the trader may have about cancellation.
Personally I'd send an email advising they have 2 weeks to deliver or you'll be treating the contract at an end.
Having a contract for goods and services might complicate maters (although you might have a cancellation period for the service aspect depend upon several factors) but if they won't agree to the refund easiest answer is to contact the card provider for assistance.In the game of chess you can never let your adversary see your pieces1
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