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Consumer rights - paid for oven but seller cancelled

7 replies

zam72 · 06/01/2011 11:42

Hi,

I bought a oven online through a Kitchen supplier. Nowhere on their website does it state that you have to purchase a kitchen to be able to purchase an appliance. They even specifically mention about can you buy an appliance on its own (which points you to another website but does not state that its not possible to buy appliances only). The credit card transaction went through but a day later I received an email stating that they had refunded my money as I could only buy an appliance with a kitchen. If this is not stated on the website and the purchase went through at the time I was wondering whether there is anything I can do. Its annoying as it is significantly cheaper there than anywhere else and i bought a hob to match which I might not have done had I not got such a great deal on the oven.

OP posts:
Resolution · 06/01/2011 12:14

There's usually a condition in their terms of business, and perhaps in an email they've sent to you, that there is no binding contract until they've emailed you to confirm, or something like that.

zam72 · 06/01/2011 13:22

Thanks for the reply - there's no mention of a binding contract.

here's their T+C

TERMS AND CONDITIONS
DEFINITIONS
The ?Customer? means the person making the purchase from the Seller.

The ?Seller? means Kitchen Collection.

The ?Contract? means the terms and conditions as listed below and any other special conditions as agreed separately in writing.

PAYMENT
Payment can be made by credit or debit card online or by telephone.

Payment can be made by cheque but funds will need to be cleared by our bank before the order will be accepted.

Upon acceptance of your order, either online or by telephone, we will debit your card with the full value of the order prior to despatch.

All products remain the property of Kitchen Collection until paid for in full.

PRICING
All quoted prices are in UK sterling and include V.A.T. at the current rate. Although every effort will be made to adhere to the prices quoted on the website we do reserve the right to alter or withdraw prices without notice.

Occasionally an error may occur in the pricing on the website in which circumstances we will not be obliged to supply the products at the incorrect price.

ORDERS
Liability for the order rests with the Customer. It is the Customer?s responsibility to check that the order is correct and that the items are suitable for the use intended. Any advice or guidance provided for Kitchen Collection is for guidance only and Kitchen Collection will not be held liable for such advice or guidance.

DESCRIPTION
The actual colour of products supplied may vary from the website and the samples provided. Items of solid wood or veneer particularly may vary in colour and grain. The customer is not entitled to terminate the contract or make a claim against the seller on the basis of reasonably foreseeable variation in colour or grain.

While every effort has been taken to provide accurate pictures and product information on this site we cannot guarantee that colours and finishes will be exactly as seen on the site. We do not make any guarantees regarding a product's suitability for use.

DELIVERY & RETURNS
Delivery is free of charge to the majoirty of the UK mainland with the exception of parts of Northern Scotland and the Channel Islands where an additional charge will apply. Delivery is by one man to an accessible ground floor location and assistance will be required. If a two man delivery is required an additional charge will be levied. To qualify for free delivery a Minimum Order Value of £1500 including VAT applies for kitchen units only, unless adding items to an existing order. We do not make overseas deliveries.
The majority of deliveries will be made within 4-6 weeks of order depending upon the finish. All delivery dates are given as guidelines only. We do not accept any liability for any direct, indirect or consequential loss involved with delayed deliveries. We will advise on any non-stock items or extended delivery dates by email or telephone.

Deliveries will be made by a dedicated delivery lorry. Delivery for the kitchens will be to an easily accessible ground floor location only.

All products must be checked thoroughly for damage and delivery notes signed accordingly. If it is not possible to check the products while the delivery driver is present then any dispatch notes must be signed ?products unchecked, as driver could not wait ?. YOU MUST THEN CHECK ALL THE PRODUCTS DELIVERED AND ANY DAMAGED OR FAULTY PRODUCTS MUST BE REPORTED WITHIN 72 HOURS OF DELIVERY. We cannot accept responsibility for damaged items not reported within this time frame.

The Seller will not be liable for any costs, direct or indirect, incurred by the customer as a result of damaged goods or shortages.

The Customer may be requested to retain the damaged goods for a reasonable period for inspection. If the goods are not retained as requested an additional charge may be raised for replacements.

Any additional costs involved with re-delivering products through missed deliveries would be at the buyer?s expense.

For full delivery information click here

RETURNS, CANCELLATIONS AND CREDITS
Kitchens
As all kitchen units are made to order and to specific customer choice/specification any cancellation will only be subject to the written agreement of the Seller and the Customer will be liable to any costs incurred in purchasing materials, manufacturing the items, administration costs and delivery costs to the point of cancellation.

Order amendments :-

i.Additions to your order may be made at any time. However this may delay the order being delivered dependant on when additional items are added as only one delivery per order is scheduled.
ii.Changes to your order ? if any items on the original order are changed then the Customer will be liable to any costs incurred as if the items had been cancelled ? see above.
All kitchens are made specifically in accordance with each customer?s order and subject to your statutory rights, may not be returned unless the Products are defective or not made in accordance with the order.

Appliances, Sinks & Taps
When purchasing appliances, sinks and taps, under the consumer credit act you may withdraw from this agreement at any time up to 7 working days after we have delivered the products to you. If you do wish to return the products they must be in perfect condition and in their original unopened packaging. Delivery costs and the return of products would be the responsibility of the customer. Any applicable re-handling charges would be advised of on request. After deducting any applicable re-handling costs we will reimburse the due credit amount to you within 30 days of receiving the products in the condition described above. All cancellations must be received in writing

*The Seller
The Seller shall be entitled to cancel the contract and refund the payment in the following circumstances:-

i.our suppliers cannot provide sufficient stock
ii.products ordered have been discontinued*
SAMPLE DOORS
If an order is placed for a full kitchen (minimum order value £1,000) a refund will be made against your credit card for any sample supplied in the door range chosen. In addition if a full kitchen is ordered and additional samples have been ordered these can be returned at the customers own cost and their original condition. Subject to satisfactory inspection, credit for the cost of purchasing these additional samples will be issued. Credit will not be issued on sample doors if no full kitchen is ordered.

PRIVACY POLICY AND SECURITY
All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and disclose (together ?Use?) certain information about you (?Data?). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.

When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.

We may also use the Data in response to surveys and to aggregate user profiles

To enable us to monitor and improve our Site, it gathers certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of the Site you visit.

We use cookies only to store information such as your User ID and your session identifiers and password to enable us to identify whether you are registered on to the Site and, if so, to shortcut your access to the site and any Products. We will only read cookies from your cookie file placed there through your web browser?s interaction with the Site.

We endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.

If you have any queries about our privacy policy, please contact us at the address provided in Clause 1.1.

GUARANTEES
All products supplied are subject to a 12 month guarantee. This guarantee is limited to:-

i.the products being subject only to general domestic use
ii.all products being correctly installed and not subject to misuse
Guarantees will not cover consequential loss.

Please note that kitchens which have recently been plastered should be allowed to completely dry and stabilize before storing or installing your products. Failure to do this will invalidate your guarantees.

COPYRIGHT
All Information contained within this website and information provided by the Buyer remains the Intellectual Property of Kitchen Collection. Any use of these trademarks, images and literature will require the written permission of Kitchen Collection.

FORCE MAJEURE
The Seller shall not be liable to the Customer for any delay in supply or for any damage or defect to products supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control ( including without limitation industrial disputes, utility failure, machinery breakdown, malicious damage, fire, storm or flood).

ASSIGNMENT
The Seller may assign the Contract or any part of it to any person, firm or company but the Customer shall not be entitled to assign the contract without the prior permission of the Seller.

GOVERNING LAW
English law shall govern all contracts for the purchase of items from this Web Site and any dispute shall be subject to the jurisdiction of the English Courts. If any provisions of these terms and conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

?? Maybe I'll give them a ring and see what they say.

OP posts:
prh47bridge · 06/01/2011 13:56

Their website says that if you want to buy appliances on their own you should go to www.appliance-source.co.uk where, according to them, you can get the appliances at the same price.

Resolution · 06/01/2011 13:56

The bit you've highlighted in bold suggests you have a binding contract. I suggest you tell them as much, and find the cheapest deal for the same item bought elsewhere. Tell them you'll sue them for the shortfall if they don't honour the contract with you.

LoveBeingADaddysGirl · 06/01/2011 14:02

If org is correct then strange they didn't direct you there in the email.

zam72 · 06/01/2011 15:19

Yes, on their website it does direct you to a their sister sites - although the prices aren't the same. I didn't actually see that part before I bought and paid for the items. And I have the confirmation email confirming the order. Just weird. I can understand that you have to buy a kitchen with them as the price of the appliance is very good otherwise. But it doesn't state it anywhere. I guess I'll give them a ring and see what they say.

OP posts:
zam72 · 06/01/2011 16:57

Hmmm.....conveniently when I rang them they rang back saying that the reason for the cancelled order wasn't because they couldn't sell just an appliance on its own (as that's not mentioned on their terms and conditions and so I assume I'd have a better case to argue) but instead is because its a website error (which is covered by their T+C. all very convenient and all very annoying. Grrr....

Thanks for your replies though!

OP posts:
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