How Long Is Too Long?

DPH1230

I Ordered A Leather Suite From Dfs And Was Told Delivery Would Be Max 10 Wks. It's Coming Up 10 Wks On Sat Still No Sign. Phoned Dfs They Said It Says On Contract Approx 10 Wks. How Long Can They Get Away With This Before I Take Action.

ccotter

DPH1230 wrote:

I Ordered A Leather Suite From Dfs And Was Told Delivery Would Be Max 10 Wks. It's Coming Up 10 Wks On Sat Still No Sign. Phoned Dfs They Said It Says On Contract Approx 10 Wks. How Long Can They Get Away With This Before I Take Action.

I normally wait until their time limit is up, inform them i will wait a further 48hrs for receipt off goods if not delivered in that time i take my hard earned cash else where.

worked today with woolies and my pink psp2 which was meant to be delivered fri with no show had a chat with cs and hey presto it was in store by 2pm!

DPH1230

the only thing is i think they've got me by the short and curlies because the acceptance i signed says it's legally binding

Clowance

I am not a lawyer so I may be wrong (any lawyers out there?) but dont you have to make "time of the essence" that it is delivered by the agreed date, as part of the written contract at time of purchase, then they have broken the contract terms and you can cancel. Wont help in this case but may be useful in future.

Bossyboots

DPH1230 wrote:

the only thing is i think they've got me by the short and curlies because the acceptance i signed says it's legally binding

Part of the contract you have with them is a delivery time of 10 weeks maximum. Therefore, if they do not deliver by the weekend, they have breached the contract. Legally binding goes both ways and that includes their delivery promise.

Therefore, IMO, once the 10 weeks has passed the contract has failed on their side unless it stipulates that delivery may take longer.

However, you also have to look at unfair contact terms and getting you to sign a contract and then expecting you to wait for months on end is unfair. You have no control over performance of the contract from their side so I think you have a good case to argue.

Sarahsaver

if it says 10 wks then u r stuck
Have you paid already?
after the 10 wks write and threaten small claims court giving DFS 14 days notice
Then you can do a claim through Money Claim Online which is the courts online service.

AFAIK DFS have not got a great reputation, I would not go anywhere near them!