Ideal Home Exhibition Purchase

Hi

I visited the Ideal Home Exhibition in London on March 26th this year and paid a £500 deposit via credit card for a steam shower cubical to an exhibitor based in Redditch. The total value of the order amounted to £1400. During the discussion with the sales person we mentioned that as we did not have any precise measurements there was a distinct possibility that this unit or a smaller one offered might not fit the space available. I suggested to the sales person that it would be better if I contacted them by phone the following day once I had established that the unit would indeed fit. The sales person then suggested that I place an order and if necessary could cancel if either of the units were found to be unsuitable.

The sales person appended the order to reflect the possible change to the smaller unit however did not mention the possibility of cancellation. Taking the sales person at their word I duly signed the order form

On returning home a few days later and after measuring the space available it was found that neither of the units offered would fit. I rang the supplier’s showroom the same day, explained the conversation that I’d had with the salesperson at the show and asked if I could cancel the order and that a full refund be placed on the original credit card. The lady I spoke to at the showroom said that I would need to send them a formal cancellation in writing however this would not be considered until all the orders had been returned to the showroom which would be at the end of the exhibition itself (13th April - some 2 weeks later). I thought this a little odd at the time however on the basis that I thought I would be getting a refund in full didn’t mind the wait. I e-mailed the showroom on the 1st April (6 days after placing the order) asking for the order to be cancelled and subsequently followed this up by letter.

I received a letter from the supplier yesterday (19th April) acknowledging my e-mail sent on the 1st April however the letter states that I am not entitled to a full refund on the grounds that their Terms and Conditions of Sale (on the reverse of the order form I signed) clearly states that I am liable to pay as liquidated damages 30% of the total value of the agreement. The context of the letter I received actually says 20%. Either way this amounts to somewhere between £280 and £420. One of the reasons stated in the letter suggests that in order to meet the 8 week delivery time quoted, the order I placed had been fast tracked through their system to their Asian supplier and that they would have subsequently incurred a number of costs!

This is clearly contrary to what I was told when I asked the lady at their showroom to refund my deposit in full. The letter goes on to suggest that I have 2 options only

1. That they will agree to change the model ordered to a different size model! (not an option as even the smallest model will fit)

2. They retain 20% as a credit note valid for 24 months and refund me the remainder

Having read through a number of articles on this site I believe I am entitled to a refund in full

Any help would be much appreciated

Many thanks

Bryan

Hi Tony

You must work some late hours! Needless to say I was absolutely astounded by the speed of your response and the advice you've given is exactly what I need. I'm penning a suitable response as we speak and I'll certainly let you know the outcome.

Your help is much appreciated and many thanks once again

Bryan

Where do I go next???

Hi Tony

Based on you advice I sent NW Bathrooms the following letter and have this week received their subsequent resonse. Needless to say I am becoming increasingly frustrated with these people.

How can I progress this further and what options do I have available to me?

Many thanks

Bryan

My letter to NWB

Dear Sir

Further to your letter dated 15th April 2009 may I remind you of my rights under The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulation 2008.

The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc Regulation 2008 aims to protect anyone who may have entered into an agreement a cooling off period of 7 calendar days during which time the consumer has the right to cancel. This regulation extends to purchases made at a trade fair, where business is taking place away from the organisation’s usual business premises.

In addition the seller is required under the Regulation to provide the consumer with clear written notice of their 7 day right to cancel. This notice, which cannot be in the form of small print, or otherwise disguised, must also provide a cancellation form and advise the consumer of how to and to whom a notice of cancellation is to be made. A contract to which these Regulations apply shall not be enforceable against the consumer unless the trader has given the consumer a notice of the right to cancel and the information required in accordance with the Regulation.

As originally requested in my e-mail dated 1st April I therefore wish to reiterate my request to cancel this order and to receive an immediate refund in full of the £500 paid as a deposit.

Response from NWB

Dear Sir

In reply to your letter I would like to make the following points

Your letter refers to Consumer Rights regarding orders placed in a consumers home or a one off promotional show or at a one off event more commonly known as “Doorstep selling rights”

I would like to say that we do not fall in to this category , as this is not a one off event . In actual fact the show is now 100 years old and we have exhibited their for the past 5 years. Each show lasts for the best part of a month and we use this show as our showroomduring that period each year

During your visit you spent time with our company representative and went on to place an order by way of signing an agreement and paying a deposit with your bank card. This agreement is legally binding as pointed out within the terms and conditions on the reverse of the order and no provision is made for cancellation on orders placed at the show

As I have already pointed out in my previous letter we will only accept cancellation of this order on the basis that you agree to pay a cancellation charge equal to 20% of the contract value being £280 and the remainder of your deposit will then be credited back to your card

If I do not receive your written instruction within 7 days I will assume you still wish to proceed with your sales order.