Can i get a refund?

[Surfer]

We went to a caravan show at the NEC this morning and instead of using our heads, we used our hearts and put down a deposit of £1000 using a Credit Card on a standard caravan that we liked as the sales person offered us some very good incentives. We actually went to the show to get some accessories at discount prices and not to buy a caravan!
Contract does state "All deposits are non refundable"although this was not actually pointed out to us at the time fo signing. The dealer did not have a stand at the show, but operated off the manufacturer's stand so not sure if that is regarded as an on premises contract etc? The caravan is being bought on HP through Black Horse.
On the drive home and at again home we have reflected on our decision and are now wondering if it was the correct decison. If we decide that we were too hasty in our decision, do we have any rights to cancel the contract as delivery of the caravan can only take place in March next year and the contract was signed at the NEC which the seller only uses twice a year for 6 days each time.

[dan_1207]

Re: Can i get a refund?

It is well recognised that terms and conditions are enforceable whether or not you have read them.

Unless there is a potential claim for misrepresentation or breach of contract (and I can't see that there would be), there is little that could be done I'm afraid.

[Surfer]

Re: Can i get a refund?

Thanks for the above. I was reading the T & Cs I found on the back of the invoice and these were never pointed out to me at time of signing. They have some clauses which seem unfair and contrary to the new regulations. It states the following;

1) The seller shall have the option of repairing or replacing goods which are defective because of faulty material or workmanship. The purchaser should give in writing to the seller with full details of such defects withn seven days of receipt of goods. Any exercise by the seller of this option at the request of the purchaser shall be in substitution for any other claim that the purchaser might have in respect of such defects.

2) The seller shall be under no liability to the purchaser for any defect in the goods, or for any unfitness of the goods for which they were intended or for any error in description of the goods and all terms as to quality, fitness for purpose or description of the goods which would otherwise be implied into this agreement and are hereby excluded provided that this clause shall not apply to consumer sales as defined by Supply of Goods Act 1973 or any amending legislation.

Perhaps I have misunderstood the above, but it seems that it contravenes the new legislation? Please confirm. Thanks.

[Amethyst]

Re: Can i get a refund?

It does state that the clause does not apply to consumer sales defined by the Sale of goods Act or any amending legislation, so it is the same as 'this does not effect your statutory rights'. I can't really imagine why they would put that in the contract unless the purpose is to mislead, misquote sections later if something did go wrong.

Clause 1 though has no such caveat - and would I think contravene the consumer rights act.


Are you thinking of using those terms to express your unhappiness with the contract to push for a refund of your deposit? Was anything misrepresented to you?

If you do cancel ensure you cancel with BlackHorse as well, in writing.

[Surfer]

Re: Can i get a refund?

It does state that the clause does not apply to consumer sales defined by the Sale of goods Act or any amending legislation, so it is the same as 'this does not effect your statutory rights'. I can't really imagine why they would put that in the contract unless the purpose is to mislead, misquote sections later if something did go wrong.

Clause 1 though has no such caveat - and would I think contravene the consumer rights act.


Are you thinking of using those terms to express your unhappiness with the contract to push for a refund of your deposit? Was anything misrepresented to you?

If you do cancel ensure you cancel with BlackHorse as well, in writing.

Thanks really apreciate your input. I guess it is after sales jitters that we have as we both like the caravan, but the thought of HP is a concern even though we can afford the repayments. Not sure but think that BH only approve the deal once you take delivery however do not foresee any issues as deposit plus trade in is almost 50% of the value of the caravan.