Good Morning I ama lawyer with over 15 years experience. I will try to help you with this.
what are my options
Can I just check that you are purchasing the windows in the course of running a business and not as a consumer yourself? Were the windows part of Jewson's stock when you ordered them or were they ordered in by Jewson specifically for you? Also if you have an account with Jewsons is there a written contract. If so what does that say about their returns policy?
windows purchased in the course of running a business. windows standard size order from velux through Jewson. terms and condition are printed on the back of sales invoices cant find a returns policy section
Thankyou. I will be in court this morning but will answer your question later today.
You run a business and have an account with Jewson which you use as suppliers for your business. You ordered some Velux windows through Jewsons and they arrived at Jewsons at your request. The manufacturers are refusing to accept them back (even though they have not been touched) as they no longer manufacture this particular range. Jewsons told you at the time of order that Velux were not accepting returns on this product. Velux have refused to accept it back. Jewsons have charged your account which is now presumably significantly in debit. The windows remain in Jewson’s yard.
The Distance Selling Regulations do not apply to sales between businesses so you cannot rely on them here. This is a contract dispute between businesses. It would seem that you have placed the order with Jewson who have fulfilled the order and you have not paid for the windows ordered at your request. It would seem that if you do not pay this will place you in breach of contract unless there is a term in your account contract or anywhere else that can protect you in this situation. You are unaware of any such clause but if you have a copy of your account agreement you should look at it to see if there is one. What aIsay below is on the assumption that no such clause exists.
You appear to be /will be in breach and Jewson are entitled to have you pay for the windows and take them away. However, Jewson are only entitled to compensation for losses actually suffered. They still hold the goods and if they can sell them for the price that it has cost them to purchase then they will suffer no loss except perhaps interest on the money tied up in the windows plus the cost of storing them in their yard). If they can find a buyer for a lesser price then they will be entitled to compensation for the difference between the cost to them of obtaining the windows and the onward sale price. If you put them in touch with a buyer then they should sell it to them to reduce their loss. They have a duty to try to reduce their losses in this circumstances and can only claim from you the true extent of their losses having attempted to reduce their losses (ie genuinely tried to sell the windows.).
I expect that Jewson will demand payment, threaten legal action and suspend your account. They may even if you do not pay up take legal action which they are likely to win. This whole process will take some time. It will take a few months in most places in the country to get the case to court and to get judgement. If the value is less than £10,000 then it will be in the small claims court and will be relatively. https://www.gov.uk/make-court-claim-for-money/overview.
Your position is not great but you have a bit of time and if you can find a buyer you will be able to reduce your losses considerably. You might think it is a good idea to use your contacts within the trade to try to find a buyer. You could maybe advertise it where you think appropriate. If you have a good relationship maybe you could ask Jewson to hold on to it at least for a while (maybe suggest a period of time say 3 months) it is after all potentially sellable stock that has some value.
I short your position in law is weak but you can still try to negotiate and try to find a buyer.
I hope this answers your question but please feel free to ask further questions. Also I would be grateful if you would please rate my service.