Right to Cancel - A Not Straightforward Case

Allen_Lutting

My issue is complicated.  I bought and paid for an electric fire.    The company is insisting it is delivered by a Pallet delivery service.   I pointed out that my house is in a location that would not allow a pallet to be dropped.  Every email I have sent comes back with the same response "delivery will be by pallet". (i.e. we will stick to our position and we are not going to try to be helpful).   Here is the complication: I declined to agree to the terms and conditions after I ordered the fire (I found my self in a position where they had accepted payment then asked me to sign and I declined, but offered them the right to decline my order - they did not).  More complications the item is not bespoke (there are no additions to the specifications) but is stocked by the manufacturer on demand.    Can I cancel and expect my money to be refunded?

the_lunatic_is_in_my_head

In store or online OP? 

TonyMMM

Do you actually want the fire, or are you hoping for a way out of  the order ?

Hoenir

Could you not agree on alternative delivery arrangements?  What's the packaged weight of the fire? 

Mark_d

This is interesting.  What sort of electric fire would be delivered by a pallet delivery service?  I believe the Consumer Contract Regulations requires that the T&Cs must be provided before you commit to the contract.  For this reason I believe you are in a position to cancel the contract to purchase the electric fire.  The retailer would then have to refund you.

DullGreyGuy

Mark_d said:

This is interesting.  What sort of electric fire would be delivered by a pallet delivery service?  I believe the Consumer Contract Regulations requires that the T&Cs must be provided before you commit to the contract.  For this reason I believe you are in a position to cancel the contract to purchase the electric fire.  The retailer would then have to refund you.

Its not the full T&Cs but the items listed in schedule 2 of the act, assuming they bought it online:
https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

The consequences of them not doing so however is only that the consumer isnt responsible for any charges which may have been included had they been disclosed and potentially a longer return window - it doesnt void or rescind the contract. 

Allen_Lutting said:

My issue is complicated.  I bought and paid for an electric fire.    The company is insisting it is delivered by a Pallet delivery service.   I pointed out that my house is in a location that would not allow a pallet to be dropped.  Every email I have sent comes back with the same response "delivery will be by pallet". (i.e. we will stick to our position and we are not going to try to be helpful).   Here is the complication: I declined to agree to the terms and conditions after I ordered the fire (I found my self in a position where they had accepted payment then asked me to sign and I declined, but offered them the right to decline my order - they did not).  More complications the item is not bespoke (there are no additions to the specifications) but is stocked by the manufacturer on demand.    Can I cancel and expect my money to be refunded?

How did you buy it? Online? In their shop? 

What's the problem with it being on a pallet? Our washing machine and BBQ were both on pallets. Can't remember what was on it but we also have a pallet thats 20cm x 20cm - Mrs has kept it as it "cute". 

Is it kerbside only? Is that really the problem rather than the pallet? Is it too difficult for you to move it in the house yourself? 

Okell

Allen_Lutting said:

... Here is the complication: I declined to agree to the terms and conditions after I ordered the fire (I found my self in a position where they had accepted payment then asked me to sign and I declined, but offered them the right to decline my order - they did not)....

Assuming this is online and assuming that a contract had not yet been formed at that point, why didn't you simply tell them that you were withdrawing your offer to buy rather than offering "them the right to decline my order" - whatever that means?

Who is the seller?  (There is no problem with identifying them so long as what you say is accurate and truthful)

And was it online as opposed to instore?

Hoenir

Mark_d said:

 What sort of electric fire would be delivered by a pallet delivery service?  

A bespoke one. Glass frontage would add a considerable weight to the unit. 

DullGreyGuy

Hoenir said:

Mark_d said:

 What sort of electric fire would be delivered by a pallet delivery service?  

A bespoke one. Glass frontage would add a considerable weight to the unit. 

Really, anything could be... I am certain what was on the 20cm x 20cm pallet wasnt particularly heavy and even if it were such a small pallet isnt going to be useable with a forklift or pallet truck.

Our washing machine was, tumble dryer from the same brand wasnt, looking in the truck as it was delivered most the washers weren't. 

Hoenir

DullGreyGuy said:

Hoenir said:

Mark_d said:

 What sort of electric fire would be delivered by a pallet delivery service?  

A bespoke one. Glass frontage would add a considerable weight to the unit. 

Really, anything could be... I am certain what was on the 20cm x 20cm pallet wasnt particularly heavy and even if it were such a small pallet isnt going to be useable with a forklift or pallet truck.

Our washing machine was, tumble dryer from the same brand wasnt, looking in the truck as it was delivered most the washers weren't. 

Washing machines have concrete counterweights in them. 

Alderbank

I presume the 'electric fire' looks like this marble fireplace with integral electric fire?

That one is from Flames in Manchester.

Regarding delivery they say:
Large items will be delivered by an established, professional freight forwarder and will arrive palletised..This is an all day ground floor doorstep/kerbside delivery...as most palletised deliveries will need two people you will need to make arrangements to have someone there to help you.

@Allen_Lutting, is that the company you bought from? If not who did you buy it from?

Your turn of phrase is unusual 'my house is in a location that would not allow a pallet to be dropped'.
What does that actually mean?
The above delivery information says the large delivery van will park as close as is safe and legal to your property then they will unload the pallet, presumably using a powered tailgate-lift. It is then over to you and your friends to carry the marble fireplace into your house or whatever you wish to do with it.

I can't really envisage a place where that could not happen.