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Cancelling a Contract **RESOLVED**


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I NEVER get taken in by these things, except on this occasion.

 

Went into a well known furniture store on boxing day, just to "look around", and succumbed to the boxing day (today only) sales pitch, and signed an agreement for some furniture.

 

In the cold light of day, we have changed our mind...we need more time to shop around and make sure we have picked the right furniture. I appreciate that these contracts are marked that they cannot be cancelled.

 

However, there is a clause on the reverse of the contract that states "this contract is a legally binding contract once it is signed by the customer and a sales representative of the company"...I signed it, but the sales representative did not. In fact there is no location on the contract for their signature. Can I therefore request cancellation of the contract and request a refund as it was never signed?

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I am also concerned because I was sold the extended warranty, and was made several promises about it. However I was given no documentation on the warranty product and therefore am unable to validate the claims that I can call them out as often as I like to have any stains or marks that may be caused by my dog or children removed.

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I paid a deposit of 20% on credit card.

The front of the contract states "We do not accept cancellation of orders, although you may amend your order up to 7 days after placing it with us." So presumably I could alter my order to purchase something up to the 20% already paid and limit the "loss".

On the reverse of the "Customer Sales Document" it states "These terms and conditions shall become binding between you and us when the order is signed by you and by one of our SCS sales representatives on behalf of us at which point a legally binding contract shall exist between us." However there is no signature from the sales person, on the contract.

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You should have a right to cancel. Go talk to them, failing that,

 

 

Complain to the boss, you have certain rights to cancel within a set time.

You could also cancel the final payment and cut your losses should you decide not to proceed.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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On boxing day, my wife and I ordered a sofa from SCS. We were told that the prices where only available on the day, and we would never get a better deal. We settled on a couch and placed an order.

 

The next day we realised that the couch we ordered would not fit our house. The size was ok, but the carpets and curtains would clash. We decided to cancel and take more time to make a decision.

 

After a couple of days to consider our options, yesterday I emailed SCS and requested cancellation, on grounds that we were not given an opportunity to study the terms and conditions of sale prior to signing. The front of the contract DOES state that "we do not accept cancellation of orders but customers may alter their order within 7 days."

 

The reverse of the contract, is printed extremely lightly, and requires a magnifying glass to read. However one of the terms states "This is a legally binding contract once signed by the customer and a sales representative of SCS". My copy of the contract is NOT signed by anyone from SCS, so presumably this is not a legally binding contract by their own terms?

 

I have just received a call from the Sales Manager at the store saying that I cannot cancel my order. He has offered to let us choose any other piece of furniture from their store to change the order, but is refusing to let me cancel.

 

Can he do that? The furniture cost £2900. I paid £600 deposit on credit card, with the balance due 48 hours prior to delivery.

 

Thanks

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  • 1 month later...

I'd say that their Ts&Cs are quite clear: no binding contract exists until both the customer and the SCS sales person have signed it. If your copy does not have the latter signature then therefore no binding contract exists. If you paid by credit card invoke clause 75 with your card provider, and if by Visa Debit initiate a chargeback.

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Thank you for the replies. I actually completely forgot I had posted this....

 

...After emailing the manager and david.knight I was called by the manager who stated that they would agree to cancel the contract but would hold my deposit for 6 weeks to allow us to select another suitable furniture.

 

I agreed however I have no desire to make another purchase from a company that needs to employ such heavy tactics, so I waited 6 weeks and then requested my deposit refunded...which was a few days ago.

 

The manager replied again however stated that it was never agreed they would return my deposit. Instead they will keep it as a cancellation fee.

 

I replied "I DONT THINK SO", and explained that the contract was never binding because it wasn't fully signed. I stated that they could return my money or I would simply go to my credit card provider for a charge back. I copied the david.knight address.

 

The manager then called me, and although insisting HIS copy of the contract was fully signed, as a gesture of goodwill they would refund my money. I didn't argue about him clearly signing the contract AFTER the event because at the end of the day I WAS GETTING MY REFUND, and would NEVER SET FOOT IN AN SCS AGAIN.

 

I have now received my refund and can only hope all of these furniture companies who operate with draconian T&Cs will eventually go out of business. If you have to strong-arm people into purchasing your products and then refuse to permit them to any sort of cancellation rights you do not deserve to be in business.

 

Thanks everyone.

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