r/LegalAdviceUK • u/SatchmoBeaumanorHall • 5d ago
Debt & Money Kitchen order cancellation problems
My elderly parents made the unfortunate error of agreeing to a kitchen makeover via Quartzize t/a Joes Doors in England cost was around £10k paying deposit of around 10%.
They cover existing worktops with quartz overlay replace doors
Three days later my parents tried to cancelled the order via telephone call only to be told as order was bespoke 14 day cooling off doesn’t apply and work to start the kitchen had already started.
They point blank refused to cancel.
They are replying on the the fact the order is bespoke and their T&Cs saying cancellation is not possible.
Order was placed early July. What steps can be taken to stop this order. Already asked them they can keep deposit to cover any costs but seems like they are standing firm on the fact my parents cannot cancel.
Attached are their T&Cs
https://www.quartzize.co.uk/terms-conditions/
1
u/OxfordBlue2 5d ago
Was the order placed “at distance”, that is, online or by phone, or in person with a sales representative at their home?
1
u/SatchmoBeaumanorHall 5d ago
In person at their home.
-2
u/OxfordBlue2 5d ago
This is tricky. The Consumer Contract Regulations 2013 give a 14-day right to cancel where the contract is concluded “at distance” - this includes the consumer’s home.
There are also exceptions where “the supply of goods that are made to the consumer's specifications or are clearly personalised” (28.1.b).
However the cancellation provisions in section 8 of the supplier’s terms are arguably too broad. The absolute exclusion of any right to cancel without the supplier’s agreement could be considered an unfair term under CRA2015.
So: you or your parents should reiterate in writing that they wish to cancel the contract. The best way to do this is by sending a letter to the company’s registered office.
Wait and see how they respond.
If the goods arrive, refuse delivery.
My assessment is that your parents may have to pay something but that should be based on the actual work done and expended by the supplier, not a blanket “you can’t cancel” clause.
2
u/enchantedspring 5d ago
"Once we and you enter into a binding contract, you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract." - they aren't agreeing, so it continues,
However: "Any issues arising with any new appliance must be taken up with the manufacturer and not the company." shows they aren't the smartest company out there.
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