Kitchen Deposit - don’t wish to proceed

mummystudent

Hopefully you can help - I’m a bit unsure where I stand. 

I went to the home building and renovation show and saw a kitchen I liked. I had rough measurements and they gave me a price for the kitchen based on these but said there’d be opportunities to confirm these measurements before ordering. They offered a significant discount at the show, over 50%. 

My kitchen was plastered and the space ended up being smaller - so much so that two cupboards need to be narrower. However the company are quoting full price for these cupboards making the kitchen unaffordable. 

The company aren’t out of pocket, the kitchen hasn’t been ordered, no site visits for measurements etc. 

Where do I stand on my deposit? 

Thanks in advance - please be gentle, I’m finding this all a little stressful and upsetting. 

Aylesbury_Duck

Surely the price for the cupboards is the same as you originally expected, given that you didn't know the plastering was going to make the kitchen smaller when you ordered?  How has it gone from being affordable to unaffordable?  Have they changed their prices?

EDITED TO ADD:  I've just realised you might mean they aren't discounting those two cupboards any more?

There was a similar question on here a while back, about a motorhome ordered at a show, and whether show premises constituted a "proper" shop or the sale was considered to be completed at a distance.  I don't think there was a clear consensus.  If it's considered a distance sale, you have an option to cancel without penalty.  If not, then you don't, unless there's something in the contract that allows you to.

the_lunatic_is_in_my_head

Hello OP

As above I don't think there was a clear consensus either (@Manxman_in_exile in might remember better), have you checked the paperwork to see what it says about cancellation (for both you and the seller)?

If there is no right to cancel then you can breach the contract but would be liable for costs or loss of profit (but not both). 

How much was your deposit and how much was the kitchen? How much extra are these two units going to cost? Are the company doing supply and fit? Are these typical white chipboard units? If so they could probably be cut down and you'd just need the right sized doors. 

Is the only issue the units or are you have regret about the purchase in general?

sheramber

What does the paper work for your deposit say about cancelling?

What have the company said about cancelling?

born_again

Also bear in mind, that just because they are smaller, they may not be cheaper.. 
Often std size (600) kitchen units are cheaper than others.

cannugec5

born_again said:

Also bear in mind, that just because they are smaller, they may not be cheaper.. 
Often std size (600) kitchen units are cheaper than others.

I think the point is that the smaller cupboards are twice the price (ie full price) as they are no longer associated with the 50% discount that was only available at the show. 

Aylesbury_Duck

cannugec5 said:

born_again said:

Also bear in mind, that just because they are smaller, they may not be cheaper.. 
Often std size (600) kitchen units are cheaper than others.

I think the point is that the smaller cupboards are twice the price (ie full price) as they are no longer associated with the 50% discount that was only available at the show. 

I think that's the case, too.  It might be sensible for OP to negotiate.  You'd think the company would rather bend a little on price than lose the whole order, even if they get to keep some of the OP's deposit.

tightauldgit

Seems very odd that the company are not willing to extend the discount to the price of 2 cupboards on what is presumably a fairly expensive kitchen. I'd phone them up and explain that you have a fixed budget and if they stick to their guns on the pricing then you'll have to cancel the whole order.

How much deposit have you paid? I think companies can only actually charge you for reasonable actual costs incurred but it might be a battle to get it back.

km1500

If the contract is cancelled, they can claim their losses - which may be greater or less than the deposit paid.

bris

tightauldgit said:

How much deposit have you paid? I think companies can only actually charge you for reasonable actual costs incurred but it might be a battle to get it back.

That's not true, it depends really on whether their is a right to cancel or not. Trade fairs for some traders may be deemed their place of business which has no right to cancel.

If the kitchen company only use  trade shows as a regular place of business then its their business premises.

On the other hand if they only do them now and then and they have a real place of business say in an industrial estate or high street store then it could be seen as a distance sale.

The ECJ have debated it and thats what they have came up with.

It would probably take a court case on a case by case basis.

But lets say the trade fairs are their place of business for arguments sake then their is no right to cancel and that could have more problems than just the deposit.

Alderbank

The OP can break the contract.

The kitchen company can claim damages but for a consumer contract damages are limited to their actual costs incurred until the contract was broken.

I agree that the sensible thing for the company to do would be to rescue the contract by brokering a deal.