Cancellation Period for Bespoke Items

[Pezza54]

We ordered replacement windows from a salesman working for a window company. These windows included new brickwork that the salesman said his company would try to match as best as possible and we would have a chance to see and approve a brick.
We signed a contract and paid a deposit by credit card. Attached to the back of the contract were terms and conditions in very small print. One term states that as the contract is for bespoke items the consumer cannot cancel the contract under any circumstances.
The salesman did not inform us of any cooling off period. When we didn't like any of the brick samples we tried to cancel the contract by email, we received a reply that as the windows were bespoke we weren't entitled to a cooling off period and in any case 14 days had passed.
Is this reply and refusal to cancel the contract legally correct? Are we entitled to a cancellation period? If so, is this period extended as the salesman didn't inform us of our cancellation rights before we signed the contract?

[echat11]

Hi PEZZA54

Here's some information -

https://www.inveka.co.uk/content/fil...e_goods_v2.pdf

https://www.businesscompanion.info/s...s-Sep-2015.pdf

https://www.legislation.gov.uk/uksi/.../contents/made

https://assets.publishing.service.go...s-guidance.pdf

[Pezza54]

Thanks Echat11,

so no cancellation period for made to measure windows. But what about when the salesman said (not in writing) we would have a chance to approve a facing brick before work started? I couldn't find anything that covers that situation.

[echat11]

Contact your Credit Card provider explain that you were told ( by the company salesman) that you would get the opportunity to 'approve a brick' before the windows are manufactured (common sense) and that has not been the case so you have been mislead (check the window company's Terms & Conditions regards 'approval of brick').

https://www.which.co.uk/consumer-rig...t-aZCUb9i8Kwfa

You could also contact the GGF if they are members - Glass and Glazing Federation (they ain't great) https://www.ggf.org.uk/

You can lodge a complaint with CEDR if they are members of the GGF - https://www.cedr.com/consumer/homes/tgas/

Contact CAB, see if they can pass it to Trading Standards.- https://www.citizensadvice.org.uk/

Keep everything in writing.

[Pezza54]

Thanks again

I will start with my credit card company and ask for a Section 75 claim form first. Then citizens advice -chat line

[echat11]

If they are members of the GGF - https://www.myglazing.com/wp-content...ochure-1-1.pdf

[des8]

Sec 12 of CRA 2015 may also be of use to you

[Pezza54]

Echat11, unfortunately not a member of GGF, just FENSA. GGF rules look v good for the consumer.
Des 8, Section 13 CRA 2015 states if materials supplied are not an exact match to the sample then the consumer should be made aware of this before the contract is signed. We were made aware before we signed the contract that it was unlikely that an exact match to the old bricks could be found but we would see samples of the closest match available with their brick supplier. We signed the contract on this basis. This hasn't happened and obviously we don't want the installer fixing any old brick.

[Pezza54]

Meant to say we haven't seen any acceptable close matching bricks

[des8]

Sec 12 refers to info provided by the trader (in this case the right to approve the bricks) .
Any change (in this case the right is withdrawn) has to be expressly agreed or is without force

If trader breaches this, then sec 19 comes into play

[Pezza54]

Thanks Des8,
must the right to approve bricks be in writing (contract term or letter/email) or can it be verbal as in our case?

[des8]

Verbal is binding, but proving it is a different matter.

CRA sec 12
establishes that any other information provided by the trader which is of a category mentioned in Schedule 2 of the 2013 Regulations (see link below), but which does not relate to main characteristics of the goods, also forms part of the contract between the trader and the consumer. If this information is not accurate then the consumer may recover some money – see section 19(5)


CRA 2015 sec 19 (5)
If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.



https://www.legislation.gov.uk/uksi/...chedule/2/made
Schedule 2 para P: in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

[Pezza54]

Legal jargon can be diffucult for the ordinary person to understand. Is it not commonsense that where a good matching brick cannot be obtained then the window company should not go ahead and order windows.

[des8]

Yes, but you might need more than common sense to prevail!