Cancelling special order items...

[anonymous-user]

I ordered some lowering springs a week ago but the car was written off. It was parked on the road and a stolen lorry totalled it.

The springs can be brought online but were a special order item for the garage.

A date in late December agreed for fitting.

I paid £100 deposit on the springs.

The garage did not inform me of cancellation rights.

Am I within my rights under the distance selling regulations to cancel my order? I have not seen the springs or received them personally.

Thanks

[PurpleMoonlight]

Did you order in person, or telephone/internet?

[anonymous-user]

Internet

[PurpleMoonlight]

Then you should be able to cancel assuming it's a standard part, albeit not stocked as a matter of course by the retailer, and get a refund of the deposit.

[Butter Face]

Super_G said:

The garage did not inform me of cancellation rights.

No confirmation email, nothing detailed in there about special ordered pats? Restocking fee etc?

[chippy348]

Although it is a pisser for the company you have made your purchase with you can ask for your money back as they are not made special for you to your design, unlike say a printed T shirt, a painting of your car, tailored suite etc.

[anonymous-user]

Butter Face said:

Super_G said:

The garage did not inform me of cancellation rights.

No confirmation email, nothing detailed in there about special ordered pats? Restocking fee etc?

Nothing

[anonymous-user]

If the parts are standard items you should be OK to cancel. In addition, you could argue that the contract has been frustrated by a third party action out of the control of seller and buyer, but in the first instance seek to cancel.

[jas xjr]

bv , if that were to be the case, would it be reasonable for the op to add any costs relating to the springs to be recovered from the third party? restocking costs etc.

[anonymous-user]

It is unlikely that the third party would be liable for those costs. The third party could not reasonably foresee such loss and that is the legal test.

[jas xjr]

Breadvan72 said:

It is unlikely that the third party would be liable for those costs. The third party could not reasonably foresee such loss and that is the legal test.

thanks

[Boosted LS1]

It's consumer contracts regulations nowadays. Op have a look at those.

[Mojooo]

if it is a bog standard part they just had to order in then you can cancel 14 days from delivery to you.

if the item was made to your specifications (i.e a one off) then its different).

[Sheepshanks]

Super_G said:

I ordered some lowering springs a week ago but the car was written off. It was parked on the road and a stolen lorry totalled it.

The springs can be brought online but were a special order item for the garage.

A date in late December agreed for fitting.

I paid £100 deposit on the springs.

The garage did not inform me of cancellation rights.

Am I within my rights under the distance selling regulations to cancel my order? I have not seen the springs or received them personally.

Thanks

Not clear on the situation here - did you ask the garage to supply and fit, so the garage went ahead and ordered them in?

[Boosted LS1]

^ If so it's a bit unfair on the garage unless they can return the springs that the OP ordered them to purchase for him.

[Red Devil]

Sheepshanks said:

Super_G said:

I ordered some lowering springs a week ago but the car was written off. It was parked on the road and a stolen lorry totalled it.

The springs can be brought online but were a special order item for the garage.

A date in late December agreed for fitting.

I paid £100 deposit on the springs.

The garage did not inform me of cancellation rights.

Am I within my rights under the distance selling regulations to cancel my order? I have not seen the springs or received them personally.

Thanks

Not clear on the situation here - did you ask the garage to supply and fit, so the garage went ahead and ordered them in?

Based on the second line of his post I will put money on it being the former.
Otherwise I can't see any reason whatsoever for him to be asked for a deposit.

If the garage ordered them then the purchase of the springs may well be a 2B contract.
In which case the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 won;t apply..
Should that be the case, the frustration of contract argument already mentioned may need to be deployed.

A question for BV72. Is the law of agency (garage as agent for the OP) involved at all?
And how would that affect things if it is?

[anonymous-user]

Yes fitting was agreed. Supply and fit with full geometry etc.

The springs were not made specially for me.

They were ordered in from the main supplier as they are not a stock item.

Worst case I will buy the springs and put them on e-bay or something but would prefer it if they can send them back to the supplier so wanted to know my rights. Everything was done via e-mail.

The only positive thing to come from this is that now I will buy an M4.

[mgv8]

Call them up, let them know what happened, most people are cool and will do good by you?

[anonymous-user]

All sorted. Refund processed. Will take 3 days. They are sending springs back to the supplier.

[anonymous-user]

They're probably upset the deal bounced, though. Sure they'll rebound from it.