Extracts From Westminster Recliners' Terms & Conditions
11. English Law
this agreement shall be governed and interpreted in accordance with English Law. In the unlikely event of any dispute arising, then the English Courts shall have jurisdiction over the same,
12. Right to Cancel
!! PLEASE ENSURE THAT YOU ARE AWARE IF YOUR ORDER IS MADE TO CUSTOMER SPECIFICATION BEFORE READING THE BELOW!! In many cases, our products are made to customer specification and therefore you must refer to the exclusion. You have the right to cancel this contract within 14 days without giving any reason (EXCLUSIONS APPLY AS PER BELOW).
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you most inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the cancellation slip on the reverse of 0111 contract, but it is not obligatory.
To meet the cancellation deadline, it is required for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Circumstances excluding cancellation:- 2B(1)(b) the supply of goods that are made to the consumer's specifications. We specialise in supplying goods made to our customers' specification and the vast majority of our products are not "off the shelf" products. If the final product is considered "off the shelf", then your cancellation rights are not affected.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you/we have expressly agreed otherwise; in any event, you will riot incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If you have already received the goods, you shall send back the goods or hand them over to a representative of Westminster Recliners Ltd at their address in Felixstowe Suffolk IP11 2QX, without undue delay and in any event not later than 14 days (rein the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at approximately a maximum of four hundred pounds depending on geographical location. We might be able to collect the goods from you at a cost as per above. In addition to the cost of returning the goods, you are only liable for any diminished value of the goods resulting from the handling and use other than what is necessary to establish the nature, characteristics and functioning of the goods.
Westminster Recliners' pretence that their products are custom made to order gives them an excuse to charge much more money but also gives them an excuse not to comply with the regular law regarding cancellations and refunds, as the law is different if ordered products are said to be bespoke. Despite the fact that it says in their terms and conditions above that 'the vast majority of our products are not "off the shelf" products' this appears to be untrue, as the vast majority of the products can in fact be ordered from various outlets in a range of styles and for substantially less money. Westminster Recliners also do not honour their own terms and conditions even when contracts are cancelled immediately, as they still don't refund deposits. Victims are left high and dry by the current law, or lack of it, and then face having to mount a legal battle to try and get their money back.
Westminster Recliners' services charter, as below, clearly states that they class their product as as bespoke. This enables them to use the law in their favour and avoid giving people their money back.
Services Charter
Here at Westminster Recliners your peace of mind is assured with every
purchase. We are confident our superior range of furniture will give you years of
comfort and relaxation.
- A hassle free, friendly no obligation home trial and quotation service ensuring
- you only choose the appropriate and correct specification for your needs and
- requirements from our wide and varied choice.
- One of the widest ranges of chairs and beds available in the UK.
- Bespoke and comfort - our speciality.
- Free installation and removal of your unwanted furniture.
- 3 years included or extended warranties available.
All of our deliveries and installations are undertaken by our own qualified drivers and service engineers. As all of our products are made in the United Kingdom, we are able to offer fast track deliveries in certain circumstances. We generally offer delivery terms of between one to four weeks direct from the factory (although delivery times do not form an integral part of our contracts, we are generally able to adhere to all of our timescales because we retain control of all of our deliveries and installations).
Our fast track delivery service enables us to deliver and install your brand new product within just 7 days of your order date. We are also able to offer loan chair facilities whilst you wait for your chair to be manufactured. Although a fast track installation will not be available in all cases, our standard delivery and installation service will generally be within 28 days of your order.
The consumer contracts regulations stipulate that cancellations can be made up to fourteen days after an order has been made and all refunds will be made within fourteen days. This however does not apply to any goods that are made to a customers' specification. All items that are made specifically to our customers' specification will be exempt from the standard cancellation terms.