Distance selling - new car purchase

[Guest]

I understand that I have a right to cancel the order for a new car which was done entirely via phone and email within 14 days under the rules of distance selling. If I added any manufacturer optional extras during the order process does this make the car “bespoke” as I understand this could be used to suggest it does and a reason for me not to be able to cancel. The options are available to all purchasers on the manufacturers website and this was the process used and confirmed on paper by the dealer.

The dealer took a deposit to secure the order. They didn’t provide their terms and conditions or notify me of the 14 day cooling off period or my cancellation rights.

Would appreciate knowing where I stand now I have sent them a recorded letter to confirm my intention to cancel the order. Thanks.

[R0b]

I do not think it would be regarded as bespoke, if the goods have been manufactured already and can be fitted to the car i.e. they are just stock parts. Contrast that with a custom built staircase or conservatory, then it's likely these are going to be deemed bespoke because they are made to measure.

If you never received any terms or conditions this could extend your cancellation period but not an issue if you are still within the 14 day window. You could cover your back as part of your letter by saying that you never received any terms and conditions or cancellation rights but nonetheless, you understand that you have 14 days to cancel under the distance selling rules and your letter should be treated as giving notice to cancel.

You may also want to read page 20 of the BIS Guidance, paragraphs 13-14 for further examples of bespoke items. It will depend on these additional items you've ordered and are personal to you.