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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I viewed a mattress in 'Dreams' on 11th Jan. , had a written

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I viewed a mattress in 'Dreams' on 11th Jan. , had a written quote and price, for 2ft.6in.size. Telephoned the day after and ordered it paying with my Gold debit Visa card.
Was told it had to be hand made and would be ready in 5 weeks. Received a telephone call to say it would be going in for delivery on 16th Feb. On 12th Feb., had a call to say they would deliver it on 14th Feb between 7-9am. Van arrived at 6.50am, when the mattress was put on the bed it was the wrong size, so delivery men took it back. I contacted the store at 9am and eventually spoke to the member of staff who ordered the mattress. He said the 3ft one had been ordered, but when I said I had all details written by him with a ref.no. He realised he had ordered the wrong size. I have telephoned several times to ask when my replacement mattress will arrive and am told that it has to come from head office who in turn have to contact the manufacturers. It is now a week tomorrow and I have heard no more since Monday when I told the salesman if I did not hear by the end of the week I would cancel the order. My money was taken from my bank on 13th January £599 plus £39 delivery charge. I understood that money should not be taken until goods are provided. Could you tell me how I stand and what rights I have please? Thank you for your advice.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this deal by distance?
Customer: replied 2 years ago.
I ordered the mattress on the telephone direct with salesman in the Swindon branch of Dreams as I live in Chippenham which is about 17 miles away.
Expert:  Jo C. replied 2 years ago.
Ok. So it was in store.
Did you agree cooling off rights?
Customer: replied 2 years ago.
No, I have not heard about cooling off rights . What do they mean?
Expert:  Jo C. replied 2 years ago.
Ok.
This is an in store sale and in any event it was hand made. Therefore the distance selling regulations do not apply which means that you dont have automatic rights to cancel.
They seem to accept though that they ordered the wrong size. It is a matter of an item not matching it's description. You do have the right to the product that you ordered. They do not seem to deny that here as they are making a fresh order.
The question here is what time period is reasonable. You are essentially trying to cancel because of the delay. I'm afraid it is very difficult to do that and one week would certainly not be sufficient. They are entitled to a reasonable period of time to put this right and since this probably has to be made again it is going to be much longer than one week I'm afraid.
In terms of taking money from your account, they are perfectly free to do that. These are goods made to your specification so they are entitled to the funds before beginning work.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
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