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

the_lunatic_is_in_my_head

A_Geordie said:

As for claiming something to be a penalty clause/term (which is distinct from a term that is unfair), we have now moved away from the principle of pre-genuine estimate of loss as a result of Parking Eye v Beavis. The current test for determining a penalty clause is now comprised of two stages: (1) was there a legitimate business interest in requiring a deposit that amount and (2) is the deposit extravagant and unconscionable in light of that legitimate interest. In other words, is it all out of proportion when compared against the legitimate interest.

I was aware this idea of legitimate interest had been introduced but my understanding was that the view taken was that Parking Eye rely on these charges to exist, that is the core of their business model, not simply for profit but rather because that model is most suitable.

In comparison a retailer selling goods relies on taking orders and fulfilling them, being prevented from obtaining additional sums from customers who fail to follow through with their orders isn't significantly detrimental to their existence and indeed I would imagine such instances are comparatively rare. 

I was also under the impression that there was a requirement for wider social and/or economical benefits, i.e Parking Eye are maintaining order within car parks which benefits both those aspect where I can't see a parallel in this respect to SCS.

A_Geordie said:especially if the deposit is something like 10% and I presume SCS would be asking for something like this. 

Their website says that (for online orders with finance) the minimal deposit is £100 but customers can pay more upfront to reduce their monthly payments, to my mind it's fair to say the £100 is the deposit and anything extra opted to be paid voluntarily is an advanced payment towards the goods.

As you say we do lack info, and it looking less likely OP will return to clarify, it is plausible OP spent 7 grand on 2 sofas and paid a 10% deposit, it's also plausible they asked for £100 down and OP decided to use £600 that was floating around in their bank account to reduce monthly payments on credit to something more suited to their general household budget. 

Okell

I'm still not convinced that the OP was correct in saying that SCS T&Cs say they have no right to cancel...

Okell said:

... SCS Retail T&Cs (as opposed to their website T&Cs) say:

"2.1 You will have no right to cancel the contract or to return a product once delivered, unless either the product does not conform to the contract, or we agree to the cancellation in writing."   ( Retail Terms & Conditions | ScS )

Am I missing something, or doesn't that say that the consumer can cancel an instore purchase up to delivery?

(NB - the T&Cs do contain a provision that if the consumer cancels then SCS might charge up to 25% of the purchase price to take account of losses and/or costs they may have incurred up to cancellation)

Okell said:

elsien said:

Okell said:

Hold on everybody!

SCS Retail T&Cs (as opposed to their website T&Cs) say:

"2.1 You will have no right to cancel the contract or to return a product once delivered, unless either the product does not conform to the contract, or we agree to the cancellation in writing."   ( Retail Terms & Conditions | ScS )

Am I missing something, or doesn't that say that the consumer can cancel an instore purchase up to delivery?

(NB - the T&Cs do contain a provision that if the consumer cancels then SCS might charge up to 25% of the purchase price to take account of losses and/or costs they may have incurred up to cancellation)

Does that not just mean you can't sent it back once you've got it unless it is faulty or presumably as a good will gesture which they agree to in writing, for whatever reason? It doesn't read to me as giving an automatic right to cancel prior to delivery,

Alderbank said:

Okell said:

Hold on everybody!

SCS Retail T&Cs (as opposed to their website T&Cs) say:

"2.1 You will have no right to cancel the contract or to return a product once delivered, unless either the product does not conform to the contract, or we agree to the cancellation in writing."   ( Retail Terms & Conditions | ScS )

Am I missing something, or doesn't that say that the consumer can cancel an instore purchase up to delivery?

(NB - the T&Cs do contain a provision that if the consumer cancels then SCS might charge up to 25% of the purchase price to take account of losses and/or costs they may have incurred up to cancellation)

It's a shorter way of saying:

"2.1(a) You will have no right to cancel the contract unless either the product does not conform to the contract, or we agree to the cancellation in writing." 

"2.1(b) You will have no right to return a product once delivered, unless either the product does not conform to the contract, or we agree to the cancellation in writing." 

You both might be right and I am missing something, but to me the phrasing "You will have no right to cancel the contract or to return a product once delivered" has a straightforward meaning and clearly implies that the consumer does have a right to cancel before a product has been delivered.  (Otherwise I can't see any point in adding the qualification "once delivered")

@Alderbank, surely the shortest and clearest way of saying it would be:

"2.1  You have no right to cancel any order, contract or purchase you have made instore".

The issue of goods not conforming to contract is entirely separate from cancellation.

Unfortunately the OP disappeared after just three posts on page 1...