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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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I have ordered a two sofas which could not be delivered because

Customer Question

I have ordered a two sofas which could not be delivered because the head rest is too big. However this can be removed and reassembled once inside the living room. I have now been told it will cost me an extra £260. What are my rights can I cancel the order.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree cooling off rights?
Customer: replied 3 years ago.

Well I am buying the chairs on 18 months interest free and the 14 days cooling off has expired

Expert:  Jo C. replied 3 years ago.
Ok. I see.

Are they made to measure or just stock products please?
Customer: replied 3 years ago.

They are stock products in

Expert:  Jo C. replied 3 years ago.
Thanks for the information. Overall, its quite good news.

Unfortunately, its not likely that you have rights to cancel. If you do a deal in store then you are locked in immediately. You do have automatic rights to cancel. You can agree cancellation rights under the contract which would be enforceable but commonly they have not been agreed because it wouldn’t be in the store’s interest.

It would be different if you had done the deal by distance. Then the distance selling regulations would give you unconditional rights to cancel.

If you cancel then you will be in breach of contract. However, they can still only claim the sum of their loss. They still have the sofa to sell and therefore have provided no consideration for this contract. The most they could claim here is some administration costs and maybe the cost of readvertising.

While they do have a right to be compensated for some administration costs its very unlikely that they would bother to contest such a claim on this basis as it just plain wouldn’t be worth the manpower.

Hope this helps.

Please let me know if you need more information.

Jo
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/