Cancelling a dfs order

EXPEDITE74

Hi All, Please can somebody tell me my rights (If I have Any)

I have ordered from DFS a 4 seater and a 2 seater in March, but I do not want the 2 seater now as i havent got enough room. (I work away Offshore so after measuring ive only just noticed)


I only want the 4 seater Sofa


I just rang to be told the Sofas on its way to the nearest store for delivery and the woman told me I cannot cancel, I have paid a deposit of 10% but have not signed anything as it was done over the phone!

The rest of the money comes out on the day of delivery!


Where Do I stand? Am I still within my rights to cancel the one 2 seater sofa?

dacouch

There was a similar post on MSE about this a few weeks ago and I believe the person successfully cancelled the order. Do a search of forums and you should find it

OlliesDad

EXPEDITE74 wrote: »

Hi All, Please can somebody tell me my rights (If I have Any)

I have ordered from DFS a 4 seater and a 2 seater in March, but I do not want the 2 seater now as i havent got enough room. (I work away Offshore so after measuring ive only just noticed)


I only want the 4 seater Sofa


I just rang to be told the Sofas on its way to the nearest store for delivery and the woman told me I cannot cancel, I have paid a deposit of 10% but have not signed anything as it was done over the phone!

The rest of the money comes out on the day of delivery!


Where Do I stand? Am I still within my rights to cancel the one 2 seater sofa?

Did you buy the sofa instore? or online?

You may have to give up the deposit, but not be forced into handing over the rest of the money.

KILL_BILL

sell the sofa on ebay ?

bookworm1363

You say you ordered over the phone?

Haven't they sent you a contract, T&Cs, anything at all? Just the 10% deposit?

Tsk, tsk, silly DFS.

Under DSR, failing to provide you with written terms means that the cancellation can be extended up to 3 months and 7 working days, and if they provide the terms before that then it's 7 working days from when you get the contract.

In other words, yes, you can cancel, but a) you must do it in writing, b) you will have to cancel the whole order, not just part of it. You will then have to re-order the single sofa as a separate order.

It could be argued (playing devil's advocate here) that if they intend to give you the T&Cs on delivery or shortly thereafter, then they are strictly speaking adhering to the letter of the law, but it would be in their advantage to cancel now and save the hassle of arranging delivery to only then having you returning the goods, for which yes, they may charge you if it says so in the T&Cs, but it doesn't make much sense.

I'm going to suggest you try and speak to someone else putting to them the arguments as above and see if you can get someone to see sense, as surely it would be simpler all around that way.

phlogeston

bookworm1363 wrote: »

You say you ordered over the phone?

Haven't they sent you a contract, T&Cs, anything at all? Just the 10% deposit?

Tsk, tsk, silly DFS.

Under DSR, ..

Not disagreeing that DSRs might apply, but just because an order is placed over the phone it doesn't mean that the DSRs apply.

Many people ignore the definition at the beginning of the Act:

""distance contract" means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;"

So, if you visit DFS, look at the sofa you like and subsequently order by phone - then the DSRs do not apply.

In addition, the goods are made to order, so the following T&Cs from their website may apply,

"Everything that DFS sells on the Internet is hand made to your order. The Internet sales team do not sell from stock. We pride ourselves on delivering sofas made to your individual specification. We do not operate a transactional website because we offer the opportunity to customise your order to best meet your exact requirements. Due to this level of personalisation distance selling regulations do not apply on many products.
Distance selling regulations only apply to customer’s orders made through the Head Office Telephone Sales Department (DFS Direct) that have not been custom made to the customer’s specification. In this case if you decide to return your furniture you must notify us, in writing, within 7 working days of delivery."

Tozer

Its a tricky one in some ways. The DSR (if I recall correctly) talk about manufacturing products to the customers specifications. If it is just making stock items and there is no individuality in the order, I can cannot see how their terms and conditions are consistent with the DSR.

phlogeston

Tozer wrote: »

Its a tricky one in some ways. The DSR (if I recall correctly) talk about manufacturing products to the customers specifications. If it is just making stock items and there is no individuality in the order, I can cannot see how their terms and conditions are consistent with the DSR.

I agree, but guess DFS would argue otherwise.

bookworm1363

I hear that from both of you, but would argue:

a) that DFS would have difficulties in proving that OP went to have a look at the shop first and that DSR then don't apply.

b) It seems to me that the T&Cs may be a way to try and circumvent the DSR by trying to say that the goods are made to individual specs, but they're really not. I don't think that being given a choice of colours to choose from as part of a certain line comes under made to order. The made to order/individual specs part is more for goods which won't be able to be sold to someone else as specific to one person (business cards for example, wedding invitations etc...) or even made to measure furniture to specific requirements.

I doubt very much that if you were to phone DFS asking for 1/3 polka dots, 1/3 pink and green stripes and 1/3 plush velvet, or 2 inches narrower, etc, they would be able or willing to comply.

phlogeston

bookworm1363 wrote: »

a) that DFS would have difficulties in proving that OP went to have a look at the shop first and that DSR then don't apply.

DFS have a dedicated distance sales phoneline at the head office. If the OP phoned a shop direct, it is more likely that there was some contact first.

Don't disagree with what you are saying, just pointing out that DSR doesn't always apply to orders placed over the phone.

bookworm1363

No, I know, I'm just musing on different scenarios (scenarii)... I didn't know about the different phone numbers, but I'm not sure. For example, I will often browse on Argos website first before ordering, but if I had to phone, I would still phone my local store in the first instance. Not the best example, I know...

Actually, musing on... If you do a reserve to collect in store from Argos, bearing in mind that the goods are usually boxed when you collect, putting aside Argos' own returns policy, could one invoke DSR?