deposit issue

pinkfink

we paid a deposit to a local blind company to have our blinds fitted and we paid the deposit (50%) in good faith that they would deliver and fit on the date agreed.  they then contacted us to say they had not arrived and couldnt fit that day (on the agreed date I should add)  we then tried to cancel as we felt they hadn't held up their end of the deal and were told deposits are non refundable on cancellation but nobody even mentioned that when we booked the job or made the payment.  Surely paying the deposit is entering into a contract which should have a cooling off period?  We also never signed anything 

DE_612183

you gave a 50% deposit to someone without signing anything or getting a receipt / contract?

anyway, I think in terms of contact law if the items are personalised ( ie measured specifically for you ) you don't really have any comeback.

eskbanker

pinkfink said:

Surely paying the deposit is entering into a contract which should have a cooling off period?

There isn't automatically a cooling-off period for all contracts, although there may have been if the contract was concluded at a distance.  In any case, how long was it between deposit payment and attempted cancellation?

pinkfink said:

We also never signed anything 

By paying a deposit you've probably entered into a contract with the company, even if you didn't sign a piece of paper, so you need to establish what its terms are.

Aylesbury_Duck

As others have said, if they've made blinds to fit your specific windows (rather than supplying standard sized blinds they stock), then I don't see that you have a right to cancel and have your deposit returned.

Did they come out and measure your windows?

And anyway, presumably you still want the blinds?  Cancelling just puts you at the back of the queue of another supplier, and you'll have to go through all the rigmarole of getting them out to measure, quote, etc.  I think you've overreacted to what is hopefully a slight delay.

TELLIT01

If the OP never signed anything they presumably don't have any proof of the agreement regarding delivery and installation date.  Handing over money would seem to confirm that the OP is now in a contract.  I would say the supplier is in a much stronger position than the OP.