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SCS refusing to cancel order but didn't say at point of sale.

Hi, we ordered 2 x sofas and a pouffe from SCS in store 11th Jan,  paid a £700 deposit by debit card we were told we had 5 days from sale to make any amendments to the order. At point of sale no Ts&Cs were mentioned and I was asked a few questions about delivery etc. I was only given a screen with a signature box to sign. That afternoon I received an email with their Terms and Conditions that stipulate as their first point that they 'must be read before signing' for an order. They then state that they do not allow cancellation of orders at all. I emailed them to cancel within their 5 day amendment window but they are refusing to budge and telling me that I signed and therefore the order will go ahead and I'll be liable for full payment. Any advice please, apparently they are known for this.  
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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 February at 10:18AM
    Hi, we ordered 2 x sofas and a pouffe from SCS in store 11th Jan,  paid a £700 deposit by debit card we were told we had 5 days from sale to make any amendments to the order. At point of sale no Ts&Cs were mentioned and I was asked a few questions about delivery etc. I was only given a screen with a signature box to sign. That afternoon I received an email with their Terms and Conditions that stipulate as their first point that they 'must be read before signing' for an order. They then state that they do not allow cancellation of orders at all. I emailed them to cancel within their 5 day amendment window but they are refusing to budge and telling me that I signed and therefore the order will go ahead and I'll be liable for full payment. Any advice please, apparently they are known for this.  
    I don't think there's anything incompatible with these two things.  You don't have a statutory right to a cancellation and full refund for an in-store order.  It sounds like you do have the ability to change some parts of the order, perhaps such as colour choice.

    Why do you think they're "known for this"?  What they appear to be doing is no different from many retailers when it comes to in-store sales.  Some retailers have a policy that permits a change-of-mind cancellation for an in-store purchase, but it's not a legal requirement.

    Why do you want to cancel?  If we know the reason, there might be suggestions as to how to go about negotiating what you want.
  • elsien
    elsien Posts: 35,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 February at 10:21AM
    I agree. Amendment and cancellation are two different things and in store purchases don’t have the same cooling off period as online ones. 
    Is there an element of buyer’s remorse going on here?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • The reason I want to cancel is irrelevant. The fact remains that the sales person ticked a load of boxes on my behalf and then only presented me with a signature box on a blank screen. That surely isn't acceptable?
  • Okell
    Okell Posts: 2,085 Forumite
    1,000 Posts First Anniversary Name Dropper
    This advice will be too late for the OP but might help anyone searching for advice who finds this thread:

    When buying items instore don't assume that you will have a right to return or to cancel and never sign anything unless you are 100% certain you want to buy it, you've read all the T&Cs and you understand your return and cancellation rights - if you have any at all
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The reason I want to cancel is irrelevant. The fact remains that the sales person ticked a load of boxes on my behalf and then only presented me with a signature box on a blank screen. That surely isn't acceptable?
    It isn't if you want help to exercise your rights, but that's your choice.  Give people here limited information and you'll get limited advice.

    The other point is a technicality, and I'm not sure it gives you the "get out of jail" card you think it might.
  • elsien
    elsien Posts: 35,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 February at 11:02AM
    The reason I want to cancel is irrelevant. The fact remains that the sales person ticked a load of boxes on my behalf and then only presented me with a signature box on a blank screen. That surely isn't acceptable?
    But the time to question that is when it happens and to ask to see the details of what has been ticked and what you are agreeing to before you sign? You are entering a contract - you need to be sure of the obligations on both sides. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • The way the sales guy did it was extremely clever, her read out things like, we have good access for delivery, we agree for them to contact us by emails and phone, all the rather benign points. He didn't mention terms and conditions and said that we had 5 days to make any amendments to the order.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The way the sales guy did it was extremely clever, her read out things like, we have good access for delivery, we agree for them to contact us by emails and phone, all the rather benign points. He didn't mention terms and conditions and said that we had 5 days to make any amendments to the order.
    There is no obligation to read out all the terms and conditions for an in-store sale.  Tesco don't do that at every till.  As others have said, you have obligations as well as rights, and the time to question all these things was in store at the time.

    I don't see anything incompatible with the ability to amend the order but not being allowed to cancel it.  I presume permitted amendments would be to size, colour, fabric, etc.

    If you still need furniture then what you might try is to negotiate a change to the products - most retailers would far rather retain your custom than enter a difficult dispute.

    If you no longer need furniture then there are one or two posters on here who are very knowledgeable about the finer points of contract law, they may have the view that the retailer has mucked up here and that you do have a way out, but you'll have to wait to see if they respond and hope that there's a route available to you.
  • elsien
    elsien Posts: 35,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Ergates
    Ergates Posts: 2,772 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Fundamentally:  You don't have a right to cancel an in-store order for change of mind reasons.  The store is not obligated to tell you about rights you don't have.

    Unless the products are faulty, or you can show that the salesman actively deceived you about some aspect of the sofa or the contract, then there is likely not much you can do.
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