Furniture Village - can we cancel credit agreement before order goes through?

[MmeCholet]

Hello everyone,

 

I'm a newbie here - and I think I may have made a dreadful mistake today...

 

I'm sorry if the following sounds really flaky - we've not slept for a few days (newborn baby) and I think I've learnt a valuable lesson about shopping when sleep-deprived and not on the ball!

 

I bought a bed in FV today, originally having just gone in to look at the model (they are very good salespeople, aren't they?). As part of the deal, I was told I had to buy 2 items to get the 15% discount. I bought a mattress protector but was a bit surprised to see that it was £119. I thought that might be what they cost and thought I could look up prices to check when I got home (I thought - perhaps erroneously - that I could take it back if it was overpriced).

 

We ordered a bed this afternoon (Saturday) and took the 0% credit option. But as we've recently had account problems (phishing) there is a stop on our credit - and told FV this before we ordered (the bed is made to order). They said it would be fine - they'd take our deposit and if the stop was on, we could get it lifted and then they'd go ahead with the order. We signed the agreement, they haven't yet and it will only go through when the stop is lifted.

 

I came home an googled mattress protectors and saw just how overpriced our was and to make matters worse the bed is overpriced by £££ too.

 

Obviously, we wouldn't want to pay over the odds for the bed. Can we cancel the bed tomorrow (Sunday) and get our deposit back, as the agreement hasn't been activated - or does our signing it activate it? (We'd take the mattress protector back as well)

 

Obviously if the bed had been made and the order was underway, we'd just mark it down to bad luck but can we cancel if we do it asap?

 

I'm really sorry if this sounds like a really stupid thing to have done. But I'd be very grateful for any advice you could give me.

 

And apologies if this post rambles a bit.

 

Thank you v much

 

Mme Cholet

[dx100uk]

if it was saturday 18th

just go in and cancel it.

tell them a relative has given you a bed

 

it wont be processed till monday anyhow i bet

 

dx

[pinkduchess]

good to hear DK & hopefully Mme Cholet can act on that tomorrow & stop stressing

 

 

i remember having similar feeling years ago when signing up for fitted wardrobes.....i was able to cancel....but i did have a restless night

 

 

good luck Mme

[MmeCholet]

Just got on here after another sleepless night - and I'm so grateful to you both dx100uk and pink duchess for your advice.

 

And I've promised myself never ever to shop when I'm tired again!

 

We're off now to cancel. I'll let you know how it goes - and thank you both so so much.

 

Mme Cholet

[MmeCholet]

Hi dx100uk and pink duchess,

 

I just wanted to than you so much for your advice - we got to FV this morning and managed to get our deposit back and the agreement/order cancelled.

 

Can't tell you how soundly we'll sleep tonight, thanks to your advice. What a fantastic site this is - we'll be making a donation by way of thanks, as you've saved us a fortune.

 

Huge thanks from the Cholets!

[dx100uk]

well done

 

sleep better now

 

dx

[pinkduchess]

excellent....sweet dreams

[Tim Deegan]

For future reference, if you had bought on line then to start with you would have paid a fraction of the price. And you would also have the right to cancel up until 7 working days following the day after delivery. However beware with mattresses because once you have opened them then you have removed the hygiene seal, and you won't be able to return them.

[Kraken1]

However beware with mattresses because once you have opened them then you have removed the hygiene seal, and you won't be able to return them.

 

I'd be interested in the authority for this statement. If you buy online you can return under the Distance Selling Regs unless it is a custom product. I doubt a mattress will be.

[Tim Deegan]

I'd be interested in the authority for this statement. If you buy online you can return under the Distance Selling Regs unless it is a custom product. I doubt a mattress will be.

 

I'm not going to get into an argument about this, as there have been many in the past because DSR's aren't specific. But if you look at almost all (not all) on line bed retailers T&C's you will see that they all say the same (once opened a mattress can't be returned). I know it's a bit of a grey area, but it's not worth the risk for the consumer. So it is best to just find a seller who gives a satisfaction guarantee to save the hassle.

[Kraken1]

I think the DSRs are quite specific. They give certain exclusions, none of which seem to apply to mattresses. There might be an argument that they don't apply to mattresses as they are 'goods that cannot be returned' but I think that this would apply to goods that physically can't be returned. The OFT guidance on the DSRs gives the example of a latex glove that is deformed (i think). The OFT guidance also says that refusing a return on hygiene grounds is not acceptable.

 

I agree that many businesses claim the DSRs don't apply, but then businesses are known for twisting or lying about statutory rights for their own benefit. I dare say that this is just one of those examples.

 

As for 'satisfaction guarantees'. I'm not sure I'd give them much credit. I doubt they stand up in practice without a decent degree of incorporation into the contract and an N1 to give it weight.

 

I think you are best off buying a mattress or similar item in person and trying it out well. Also, buy from an honest trader that doesn't post tosh about your consumer rights on their website. 1st sign of a crook in my book. I miss the restrictions on statements order myself, I'm not sure the CPUTR are as good.

 

Personally, I've always fancied a tempur style memory foam jobbie. With this in mind I've made sure I've stayed in a couple of hotels that use them so I could get a good feel for them. I'd be happy to go with one based on this experience. If I could afford it. I wouldn't spend that money on a mattress without that sort of intel though.

[Tim Deegan]

I think the DSRs are quite specific. They give certain exclusions, none of which seem to apply to mattresses. There might be an argument that they don't apply to mattresses as they are 'goods that cannot be returned' but I think that this would apply to goods that physically can't be returned. The OFT guidance on the DSRs gives the example of a latex glove that is deformed (i think). The OFT guidance also says that refusing a return on hygiene grounds is not acceptable.

 

I agree that many businesses claim the DSRs don't apply, but then businesses are known for twisting or lying about statutory rights for their own benefit. I dare say that this is just one of those examples.

 

As for 'satisfaction guarantees'. I'm not sure I'd give them much credit. I doubt they stand up in practice without a decent degree of incorporation into the contract and an N1 to give it weight.

 

I think you are best off buying a mattress or similar item in person and trying it out well. Also, buy from an honest trader that doesn't post tosh about your consumer rights on their website. 1st sign of a crook in my book. I miss the restrictions on statements order myself, I'm not sure the CPUTR are as good.

 

Personally, I've always fancied a tempur style memory foam jobbie. With this in mind I've made sure I've stayed in a couple of hotels that use them so I could get a good feel for them. I'd be happy to go with one based on this experience. If I could afford it. I wouldn't spend that money on a mattress without that sort of intel though.

 

It seems from many of your posts that you post your point of view rather than fact.

 

I am in the trade, therefore it is in my interest to know how DSR's apply to the bed industry. And I have stated the facts. It would be wrong for you to advise people otherwise unless you know for certain, as it could lead to people making a costly mistake.

 

Like I said before, I'm not going to get into an argument about this. So if you don't agree with me, then that's up to you. But don't give people advice that could lead to them making a big mistake.

[dx100uk]

this also applies to your advise tim

just because you work in the trade

 

that certainly does not give any credabitlity to your blinkered advise.

 

DSR does apply, regardless to this type goods.

 

shops and traders can make what 'rules' they like & think they are correct

 

these often come from higher up the chain and are thought to be correct by the lower lifes because the boss told them.

 

i suggest you refresh your DSR understanding.

 

dx

siteteam

[Tim Deegan]

this also applies to your advise tim

just because you work in the trade

 

that certainly does not give any credabitlity to your blinkered advise.

 

DSR does apply, regardless to this type goods.

 

shops and traders can make what 'rules' they like & think they are correct

 

these often come from higher up the chain and are thought to be correct by the lower lifes because the boss told them.

 

i suggest you refresh your DSR understanding.

 

dx

siteteam

 

I know how DSR's apply to the bed trade, you obvioiusly don't. Just because you think you are right doesn't mean that you should tell people that they can return mattresses (once unpacked) under DSR's. Because I'm pretty sure that you won't be offering to give someone the money they have just lost because they followed your advice.

[dx100uk]

no you think you do.......

 

unless it was custom made then it applies......

 

• Goods made to a personalised specification
  
• Perishable goods, such as foodstuffs and flowers
  
• Audio/video recordings or software where the seal has been broken
  
• Newspapers, magazines or other reading material (not books)
  
• Gaming, betting, lotteries
  

none of which are a mattress

 

go read the DSR rules.

 

stop fobbing your customers off............

 

dx

siteteam

[Kraken1]

I will always post my opinion. It is an opinion based on my understanding of the law. People are free to disagree if they like. I hope that I'm not so arrogant to state something as a categoric fact when it might not be. Just because I am 99.9% certain, doesn't mean that I'm right or that a DJ would agree. I'd suggest that the fact that you work in the trade means that more caution should be attached to your advice. You appear to be a furniture salesman, not a legal expert.

 

Readers can give what credit to whatever advice as they see fit. I'd hope that they'll look at the OFT guidance and the DSRs themselves and make a judgment. Or they can accept your advice which appears to be based on 'i'm in the trade and should know' and 'it's what bed companies say so it must be true'. It might be the case that if you are in the trade, then your advice is partisan?

 

I'm flattered that you have chosen to read some of my other posts. A quick google on your name also reveals some interesting posts, if you are the same person in the furniture industry. Or you might be an IT person. Or a DJ.

[Tim Deegan]

no you think you do.......

 

unless it was custom made then it applies......

 

• Goods made to a personalised specification
  
• Perishable goods, such as foodstuffs and flowers
  
• Audio/video recordings or software where the seal has been broken
  
• Newspapers, magazines or other reading material (not books)
  
• Gaming, betting, lotteries
  

none of which are a mattress

 

go read the DSR rules.

 

stop fobbing your customers off............

 

dx

siteteam

 

If you don't agree with me then ignore me, but don't give people advice that could cost them money.

[Tim Deegan]

I will always post my opinion. It is an opinion based on my understanding of the law. People are free to disagree if they like. I hope that I'm not so arrogant to state something as a categoric fact when it might not be. Just because I am 99.9% certain, doesn't mean that I'm right or that a DJ would agree. I'd suggest that the fact that you work in the trade means that more caution should be attached to your advice. You appear to be a furniture salesman, not a legal expert.

 

Readers can give what credit to whatever advice as they see fit. I'd hope that they'll look at the OFT guidance and the DSRs themselves and make a judgment. Or they can accept your advice which appears to be based on 'i'm in the trade and should know' and 'it's what bed companies say so it must be true'. It might be the case that if you are in the trade, then your advice is partisan?

 

I'm flattered that you have chosen to read some of my other posts. A quick google on your name also reveals some interesting posts, if you are the same person in the furniture industry. Or you might be an IT person. Or a DJ.

 

That's the difference between me and you. You post your opinion, I post facts. If I am just posting my opinion then I will say so.

 

If you are only 99.9% sure that you are right, then you shouldn't tell people something that could lose them money.

[Tim Deegan]

stop fobbing your customers off............

 

 

You really ought to think about that statement.....If people listen to me then they haven't lost anything, but if they listen to you then there is a good chance they could....so who is fobbing who off??

[Kraken1]

You post your opinion, I post facts. If I am just posting my opinion then I will say so.

 

Actually, no. You are posting opinion. the rest of us, including the OFT, are giving our opinions based on the law. There are no facts in your posts, just poorly researched and apparently bias opinions.

 

I hope you don't deny DSR rights to your customers, I suspect you do though. Perhaps you'd like to say where you work? I suspect posters would like to avoid it.

 

We're not about saving money here by the way, you want the other place for that. We're about advice on consumer rights.

[Tim Deegan]

Actually, no. You are posting opinion. the rest of us, including the OFT, are giving our opinions based on the law. There are no facts in your posts, just poorly researched and apparently bias opinions.

 

I hope you don't deny DSR rights to your customers, I suspect you do though. Perhaps you'd like to say where you work? I suspect posters would like to avoid it.

 

We're not about saving money here by the way, you want the other place for that. We're about advice on consumer rights.

 

You are posting your opinion, which is your interpretation of the DRS's. And your interpretation if people listen to you could cost them money.

 

What I am posting is based on court cases. Granted, with a poor representation on the side of the retailer, then the consumer could win, and the judge could order the retailer to take an opened mattress back. However there have been many cases where the retailer has had good representation where the interpretation of DSR's was put across to include mattresses in the exclusions, and the retailer won. In fact this has happened so many times that there are very few distance sellers who will accept mattresses back once opened. And they are happy to take it to court because they know that they stand a very good chance of winning.

[Tim Deegan]

Now this is a pointless argument, as you have proved that you just love to argue.....so goodbye.

[Kraken1]

ooh! goodie! court cases! now we're getting somewhere. You can give the citations I trust?

 

You seem to be a little upset that no-one is agreeing with you? Or is it because this is you: http://www.bedlum-beds.co.uk/? Or is it because you seem to have had a similar argument on MSE and got booted? I can read other peoples posts too. And isn't google great? http://forums.moneysavingexpert.com/showthread.php?t=2859524&page=11

 

You are posting your opinion, which is your interpretation of the DRS's.

 

Agree entirely. It also seems to be others' opinions, and that of the OFT. I'd say on balance this seems persuasive. In fact, you seem to be in a club of one?

 

And your interpretation if people listen to you could cost them money.

 

Not if they only buy from honest businesses in the first place. At the worst they end up having to file an N1 to get their refund. If they follow your advice, however, then they won't try and get a refund on an unsuitable mattress and end up buying another. This seems like a waste of money to me.

[Tim Deegan]

You should really get your facts right before you start making personal insults.

 

The only people who aregue are the people who don't agree......OBVIOUSLY!!!!!

 

You are still telling people that they can return mattresses that have been opened, even though you admit yourself that it is just your opinion. It is wrong to advise people just based on opinion.

 

No I don't know the citations, because I have a life and it doesn't really interest me. What does interest me is the facts, which I know because I know the outcome of those cases. And because it is in my professional interest to know.

[dx100uk]

must be after a bit of free publicity or thought we were a soft touch on CAG as compared to the pasting he got on MSE in that thread..

 

seems like he comes out of the same bottle as guy bell at neverpaintagain.

 

as the OP had the original issue resolved long ago

 

this thread will now be closed

 

there is enough info here for anyone to make up their own mind esp from that thread on MSE.......

 

 

 

dx

siteteam