Kitchen Cabinets: Deposits and Contracts
We are planning to replace a kitchen in our condo.
After searching for several months and getting quotes from several kitchen supplier my partner and I finally picked one. And since they were running a promo of free delivery and installation we paid a deposit ($5000) with a credit card so we can get a discount .
After several planning meetings we got to the contract stage and we were almost ready to sign but what we discovered in the contract raised some red flags with us.
The payment terms are: 50% -minus deposit on the contract being signed and another 50% on delivery to the store warehouse.
The kitchen is being built in Europe and delivered to the Canadian re-seller, which is responsible for facilitation of the purchase, delivery to the client and installation onsite.
We didn't like that we need to pay the remaining 50% without even seeing the kitchen or installation being completed.
We escalated the issue with the store and suggested to split the last payment to 25% on delivery to warehouse and another 25% on delivery to our condo. The store accountant just got back to us saying that they don't want to change the agreement and mentioned the fact that we already got a discount on installation and delivery. They also suggested that we can inspect the kitchen when it gets to the warehouse but they don't recommend it since if we open it, it can be damaged after they deliver it to us. They also state that this is a normal practice in the kitchen world to charge for the full amount before it was delivered. We called their competitor and they said their standard contract leaves 10% to be paid after the installation.
We are planning to escalate this issue again now with the owner; however, we want to know our options here.
We just don't want to get to the stage that when we get the kitchen, we find some issues and we will need to chase the company to help us with any issues. The fact that they are across the ocean doesn't help either.
We didn't sign any contracts, we just paid with credit card. Since nothing was delivered, can we dispute this with the CC company or the only way to get our money back is small claims court ? Any other options/suggestions?