Harveys telling me i cannot have a full refund if i cancel order...

N20Y1D

I ordered a table and chairs from Harveys in store which is yet to be delivered and is now past the expected delivery time couple with this they have been lieing to me for weeks i have now got fed up with this and asked to cancel the order, however the store manager has told me that i will only get back 80% of the money i paid if i cancel.


Surely this cannot be right, would appreciate any info

deanos

Depends on the T+C's in the invoice/contract you signed when ordering, is the delivery date written down on the invoice you signed ?

yeslek

did they say why you'll only get 80% back?

pinkshoes

Was the furniture custom made for you? In which case it's quite normal not to give a full refund, and is usually stated in their Terms and conditions.

Their web page states:

15. Amending or cancelling your order WITHIN 7 days of placing your order
We promise to give you a full refund if you change your mind for any reason within 7 days of placing your order with us. After this date we will have in most cases a binding contract with our suppliers to supply or make your product.

16. Cancelling your order AFTER 7 days of placing your order

Made to Order Products
Made to order products, such as all sofas and items from the 'flexible living' range have been produced specifically for you, therefore no refunds or exchanges can be made after 7 days of placing your order unless there is an error on our part regarding the product specification, or the item is found to be faulty.

All Other Products
For products ordered over the Internet, you have the right to cancel orders on products that are not made to order by notifying us in writing (including email) before delivery or within 7 working days of receiving of the goods.

If you cancel your order once it has been delivered, you must not use the goods, must take care of them, and must make them available to us when we call to collect them on the date we will agree with you. We will collect the goods and then refund the cost of the items ordered within 30 days of cancellation. The cost of delivery will not be refunded as this is a service that has been carried out on our part.

maninthestreet

N20Y1D wrote: »

I ordered a table and chairs from Harveys in store which is yet to be delivered and is now past the expected delivery time couple with this they have been lieing to me for weeks i have now got fed up with this and asked to cancel the order, however the store manager has told me that i will only get back 80% of the money i paid if i cancel.


Surely this cannot be right, would appreciate any info

You need to write to them stating that 'time is now the essence of the contract', and stating a reasonablr date when you expect the furniture to be delivered by e.g 1st February. If they fail to deliver on or before that date, they then are in breach of contract, and you woud be entitled to a full refund, though you may have to take them to court to get then to cough up.

deanos

how can they be in breach of contract if there is no date given on the invoce and contract signed ?

maninthestreet

deanos wrote: »

how can they be in breach of contract if there is no date given on the invoce and contract signed ?

Because you write to them telling that time is now the essence of the contract, and specify a date:


http://www.lewisham.gov.uk/NR/rdonlyres/07C9D7EB-D39F-4053-A228-9AD51C707062/0/timeofessencesg13.doc

Iamthesmartestmanalive

maninthestreet wrote: »

Because you write to them telling that time is now the essence of the contract, and specify a date:


http://www.lewisham.gov.uk/NR/rdonlyres/07C9D7EB-D39F-4053-A228-9AD51C707062/0/timeofessencesg13.doc

And this would be treated as a new contract

There would be absolutly no reason for harveys to accept it and the original contract would remain binding

I.e it would be entirely upto harveys to agree to the timescale

Neither party can just decide a contract is being changed and enforce it

N79

They can be in breach because all contracts have to be fulfilled in a reasonable time. What constitutes a reasonable time depends on the nature of the contract (building a supertanker takes longer than delivering a box of staples). Only a court can decide what the resonable time period is. So if you think the time period is unreasonable and that a court will agree:

1. Cancel the contract
2. Send a letter before action requesting a full refund
3. Off to the small claims court you go.

Bear in mind that in order to get a full refund the court will need to satisfied that you have acted reasonably and have given Harveys a reasonable chance to put things right. If they have missed one delivery date and are only a few weeks overdue on an item of furniture that they clearly stated would be custom built to your order then you are not being reasonable. If the're six months late then sue.

N79