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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61083
Experience:  Qualified Solicitor
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We ordered a rug from a furniture retailer on the 14th

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We ordered a rug from a furniture retailer on the 14th October and paid in full. We have not taken delivery of it yet and have not been advised when it should be delivered and after seeing something else we have called to cancel the order today. They have advised that as they have ordered it for us we cannot cancel and will to refund our money. The only paperwork they provided to us was a receipt for the money paid. can they refuse to refund and cancel the order?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Thomsons World of Furniture in Dunfermline and we ordered and paid it in full on the 14th October 2019
JA: What steps have you taken so far?
Customer: Just contacted them to cancel and ask for the refund to be made but they have refused.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We initially telephoned them and they asked us to put in writing to them by email which we did and they then came back to say no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Did you order in store and was it a bespoke item, made to order? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 5 days ago.
We did order it in store and it wasn't made to order. The size we wanted had to be ordered from their supplier as they did not have the size in store
Customer: replied 5 days ago.
Don't want a live phone call thanks

Many thanks for your patience. A consumer’s rights in this situation are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts entered:

{C}· On the trader’s business premises

{C}· Off the trader’s business premises (e.g. at the consumer’s home)

{C}· At a distance (e.g. online or over the phone).

 

In terms of cancellation rights, these are as follows:

{C}· Contracts entered on the trader’s premises – there is no right to cancel unless the trader provided a cancellation clause

 

However…all of the above contracts require the trader to issue the consumer with specific pre-contractual information (unless it is a contract entered off the trader’s premises for a value of less than £42). Details of the required information can be found here:

{C}· For contracts entered on the trader’s premises: http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made

 

If this information is not provided, the consumer’s right to cancel, as detailed above, can be extended by up to 12 months. This means that even if you would not have had the right to cancel, you can still cancel within 12 months of the contract starting simply because they had failed to give you the required information at the time.

 

Therefore, if all you were given was a receipt for the money paid and they did not issue you with the required terms, you can state that they have failed in their obligations under statute and that you still have the right to cancel until they provide them. If they refuse say you will contact Trading Standards to take it further.

 

Does this answer your query?

Customer: replied 4 days ago.
Yes. Thank you so much.

All the best

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