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Booking deposit

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  • 25-09-2016 10:30pm
    #1
    PaiseanFaisean
    Registered Users Posts: 34 ✭


    Hi there

    We recently placed €300 as a booking deposit for the installation of a kitchen. We signed a docket that did not say that the deposit was non refundable and neither did the people working there say it was non refundable.

    We have decided not to go with this company and they are now refusing to give our deposit back. Are they within their rights?? I know booking deposits are refundable on houses

    Thanks


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    #2
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Where the terms of an agreement are not set out clearly, then the courts are guided by "custom and practice", meaning that they go along with the way things are generally done in such a situation.

    In most business situations, custom and practice is that deposits are not refundable when a customer has a change of mind (they can be refundable in some other situations, such as the seller not being able to deliver in reasonable time).

    You are right about deposits on houses. It is a well-known exception to the general pattern.


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    #3
    former total
    Closed Accounts Posts: 3,536 ✭✭✭former total


    PaiseanFaisean wrote: »
    Hi there

    We recently placed €300 as a booking deposit for the installation of a kitchen. We signed a docket that did not say that the deposit was non refundable and neither did the people working there say it was non refundable.

    We have decided not to go with this company and they are now refusing to give our deposit back. Are they within their rights?? I know booking deposits are refundable on houses

    Thanks

    I think the assumption would be that a deposit is non-refundable. Otherwise, what's the point of it?

    Contract law for property purchase is different to other contracts so it's not really applicable here.


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    #4
    Walter2016
    Closed Accounts Posts: 522 ✭✭✭Walter2016


    Think of the opposite situaltion - you paid a deposit, you pick the design, you pick the finishes, you place the order. Two weeks later the company decides they don't want to do the job. You'd be rightly pee'd off.

    As above, unless specified otherwise, deposits are rarely refundable.

    On a house purchase it is the "booking deposit" that is refundable, but once you sign the contract, it becomes non refundable.


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    #5
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    I don't know what you expect here. A deposit serves a purpose and is generally assumed to be non refundable otherwise it would not be for for purpose.

    You can consider the legal route but I wouldn't hold out any hope.

    What did you think a deposit is for?


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    #6
    Del2005
    Registered Users Posts: 18,994 ✭✭✭✭Del2005


    Thiago Lazy Vigil wrote: »

    What did you think a deposit is for?

    A lot of people seem to assume that deposits, and contracts, only apply to the vendor and not the consumer.


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    #7
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Del2005 wrote: »
    A lot of people seem to assume that deposits, and contracts, only apply to the vendor and not the consumer.

    Agreed but this is clearly a deposit to protect the vendor. So a moot point.


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    #8
    the_pen_turner
    Registered Users Posts: 7,515 ✭✭✭the_pen_turner


    Thiago Lazy Vigil wrote: »
    Agreed but this is clearly a deposit to protect the vendor. So a moot point.

    How is it only one sided. On this car the IP wanted a kitchen paid a deposit. That deposit protected the seller from the op changing their mind and canceling . This left the seller with product that they have no buyer for. The seller now has a gap in their schedule that might not be filled.
    The deposit also garentees that the op is getting kitchen and when they are getting it. It books their place on the list.


    The deposit is going to be used for what it was designed for. The op gave away the deposit when they canceled.


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    #9
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    the_pen_turner wrote: »
    How is it only one sided. On this car the IP wanted a kitchen paid a deposit. That deposit protected the seller from the op changing their mind and canceling . This left the seller with product that they have no buyer for. The seller now has a gap in their schedule that might not be filled.
    The deposit also garentees that the op is getting kitchen and when they are getting it. It books their place on the list.


    The deposit is going to be used for what it was designed for. The op gave away the deposit when they canceled.

    You seem to think that I think otherwise. I'm confused as to what you are arguing against my point.


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    #10
    PaiseanFaisean
    Registered Users Posts: 34 ✭PaiseanFaisean


    Thiago Lazy Vigil wrote: »
    You seem to think that I think otherwise. I'm confused as to what you are arguing against my point.

    But the supplier did not prepare any units for us, did not survey our house, did not even arrange a time when our kitchen would be installed. How is the seller losing out??


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    #11
    nibtrix
    Registered Users Posts: 1,305 ✭✭✭nibtrix


    PaiseanFaisean wrote: »
    But the supplier did not prepare any units for us, did not survey our house, did not even arrange a time when our kitchen would be installed. How is the seller losing out??

    Why did you pay them a deposit when they hadn't even done a survey? How did they create a design without doing the survey?


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    #12
    PaiseanFaisean
    Registered Users Posts: 34 ✭PaiseanFaisean


    nibtrix wrote: »
    Why did you pay them a deposit when they hadn't even done a survey? How did they create a design without doing the survey?

    The deposit was to hold a sale price on the kitchen which was ending that day. We gave them the measurements of our kitchen and they did up a design while we were there. Next stage was for us to ring them to arrange for them to come see our house and survey it


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    #13
    the_pen_turner
    Registered Users Posts: 7,515 ✭✭✭the_pen_turner


    Thiago Lazy Vigil wrote: »
    You seem to think that I think otherwise. I'm confused as to what you are arguing against my point.

    sorry I thought you were saying that in a negative towards the vendor way


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    #14
    the_pen_turner
    Registered Users Posts: 7,515 ✭✭✭the_pen_turner


    PaiseanFaisean wrote: »
    The deposit was to hold a sale price on the kitchen which was ending that day. We gave them the measurements of our kitchen and they did up a design while we were there. Next stage was for us to ring them to arrange for them to come see our house and survey it

    so they designed your kitchen and took a deposit on the kitchen you committed to buy and then you cancel.


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    #15
    nibtrix
    Registered Users Posts: 1,305 ✭✭✭nibtrix


    the_pen_turner wrote: »
    so they designed your kitchen and took a deposit on the kitchen you committed to buy and then you cancel.

    Agreed, they spent time with you designing the kitchen and going through the booking/payment process. Even though you wouldn't price their time at that amount it may have meant that someone else didn't get seen that day and lost them the opportunity to make a different sale.


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    #16
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    From the competition and consumer protection commission:

    Remember, deposits are usually non-refundable. If you pay a deposit and then change your mind about the product or service, the supplier or seller may not have to return your deposit.
    http://www.consumerhelp.ie/paying-deposits

    From the consumer association of Ireland:

    When you pay a deposit, you are entering into a contract as a consumer with a shop or seller and rights and obligations are created for both parties to the contract.

    If I change my mind about buying the good or service, can I get my deposit back?

    The obligations of the contract work both ways and you have undertaken to buy the product or service, so the seller is not required to return the deposit simply because you have had a change of heart.
    http://thecai.ie/your-rights/your-rights/buying-online/


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    #17
    PaiseanFaisean
    Registered Users Posts: 34 ✭PaiseanFaisean


    Would it be reasonable to ask for Store credit as they also supply wardrobes?


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    #18
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    PaiseanFaisean wrote: »
    Would it be reasonable to ask for Store credit as they also supply wardrobes?

    There's absolutely no harm in asking, it may be in the best interests of you and the retailer.


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    #19
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    PaiseanFaisean wrote: »
    Would it be reasonable to ask for Store credit as they also supply wardrobes?
    Very reasonable.

    I would think that any good trader would go along with that.


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    #20
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    PaiseanFaisean wrote: »
    Would it be reasonable to ask for Store credit as they also supply wardrobes?

    Very reasonable IMO, as it means that you will still purchase from them. So in the end, they will still have you as a customer.


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