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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I just bought/paid deposit on a reclining chair. I was put

Customer Question

I just bought/paid deposit on a reclining chair. I was put under pressure to make an immediate decision as the ' price would not be held for longer.' I tried to get a brochure/prices beforehand but they insisted on sending their salesman to call and demonstrate' the chair 'because he had another appointment near by'. I liked the chair but had no idea what price to expect. I paid a deposit for a 'bespoke' chair made exactly o my measurements. The price was £3,300, which I now believe was exorbitant.
Can I claim a 'cooling off' period and possibly cancel the contract?
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.
Did you agree cooling off rights under the contract?
Customer: replied 2 years ago.

The salesman told me that I could get my refund back if I changed my mind. Cooling off rights were not mentioned

Expert:  Jo C. replied 2 years ago.
Does the paper contract refer to cooling off rights?
Customer: replied 2 years ago.

The paper does not refer to cooling off rights.

Expert:  Jo C. replied 2 years ago.
Then they don't exist I'm afraid.
If you purchased in store then you don't have automatic cooling off rights under the distance selling regulations.
You could try to argue that the salesman offered them to you but he would probably deny saying that.
That said though, if you have not completed the purchase they cannot force you to. Refusing to carry on would be a breach of contract but they only have a claim for the sum of their loss and they still have the chair to sell to another. They would probably have a claim for some administration and maybe readvertisement costs but it will not be a high amount. Probably they would just offer a full refund and it is not worth the manpower cost of contesting it.
Can I clarify anything for you?
Jo