Cancelling An Order

[crisgal]

my mum ordered an electric bed for £699 over the phone on 15th june. although it was free next day delivery, we were told the bed would be delivered wednesday, as we ordered at weekend.
On the tuesday morning, 18th, mum had a very bad fall, breaking her arm and many other injuries, and spent the day in hospital. whilst there, we received a text from them, stating that the bed would actually arrive on friday 21st.
She was assessed as unfit to return home and has been admitted into a nursing home.
I cancelled the order of the bed as soon as i could - wednesday 19th.
I then received a call stating that, as the bed was made bespoke for my mum, there would be a cancellation charge of 40%. When I complained, the fee was reduced to 10%.
There is nothing on the website about a cancellation fee, and certainly no mention of the bed being made for each individual customer. I feel that the fee is grossly unfair, and was never mentioned at the point of sale.
Does mum have to pay this?
Thank you

[craft1948]

I'd tell then to stuff it, it's not worth them going to court over...............and I'd publish the company's name on here (unless that's against the rules)

[crisgal]

electricbedworld.co.uk
part of furnitureworld.
the thing is, they have mum's credit card details :(

[tamborine]

I dont think you can legally cancel an order made by another unless you have POA. You might have to rely of their goodwill.

[craft1948]

Yes but if they aren't supplying the goods now they can't just take any amount from the card unless agreed with your mum can they?

[Mass_Hysteria]

I think only having to pay 10% cancellation for a bespoke made to measure piece of furniture (£70) is fair enough, they are either going to have to find a buyer for it or scrap it! It's business!

[craft1948]

How can it be bespoke if they were offering next day delivery?

[ELVIS68]

I was thinking that too craft

[puternut]

I might be wrong but if you ordered over telephone then are you covered by the distance selling rules whereby you can change your mind as long as it is within 7 WORKING days?

[Brinjal]

If they keep changing the delivery date then surely they have broken the agreement of sale

[lcg]

surely it comes under distance selling regulations - then you have 7 days to cancel......

[Zacs-Master]

Some facts here
http://www.out-law.com/page-430

[tonywiltshire]

As stated by lCG the Distance selling regulations 2000 permit you 7 working days from the day after receipt of the goods to cancel your order but not if it has been specifically made for you which I would find difficult to believe as stated by craft, elvis & puternut, if next day delivery was offered.
You should do this in permanent form (email is considered permanent) stating you are exercising your right to cancel the order under The Consumer protection (Distance selling regulations) 2000.