DFS & Distance sales regulations

Miskin

Hi
I am looking to buy a new sofa and from looking around, DFS seem to offer the sofa I want. My issue is that the range I am interested in is not available for view in any of their showrooms. Clearly noone would want to buy sight unseen something that costs over £2k unless they had the right to return the item if it was not suitable.

I have 'discussed' the basic facts with customer services and a showroom salesman and DFS are unable/unwilling to get a model in for me to view and, according to customer services state that I would not be able to return the item if I ordered it and didn't like it as it 'made to order'. Customer services stated that the sales staff could show me something similar in comfort and styling and that should be good enough for me. Clearly that is not acceptable as you are relying on someone else's judgement on what is similar.

From reading the distance sales regulations, I think they should apply and should be mandatory to DFS on the basis.
1. The item is not shown in a showroom so if I am buying via the internet/phone DSR compliance is mandatory to the seller.
2. The item is made to order and not made to measure or bespoke to my requirements so it is not covered by the DSR exclusions.

Has anyone else had any similar issues with DFS or similar companies where you can buy either online or via a showroom? Any thoughts on whether DSR should apply?

I have not discussed the DSR issue with DFS yet so I don't know their view but I am guessing they don't think it will apply based on customer services stating that I have no right of return if I don't like the sofa.

Thanks

Flyboy152

What does the website say in relation to the nature of the purchase? Does it say that the item will be "made to order?"

The DSRs do make allowances for sellers who have to custom make an item, however, if that item is standard to their range, it would be very difficult for them argue it was custom made.

wealdroam

Miskin wrote: »

Hi
I am looking to buy a new sofa and from looking around, DFS seem to offer the sofa I want. My issue is that the range I am interested in is not available for view in any of their showrooms. Clearly noone would want to buy sight unseen something that costs over £2k unless they had the right to return the item if it was not suitable.

I have 'discussed' the basic facts with customer services and a showroom salesman and DFS are unable/unwilling to get a model in for me to view and, according to customer services state that I would not be able to return the item if I ordered it and didn't like it as it 'made to order'. Customer services stated that the sales staff could show me something similar in comfort and styling and that should be good enough for me. Clearly that is not acceptable as you are relying on someone else's judgement on what is similar.

From reading the distance sales regulations, I think they should apply and should be mandatory to DFS on the basis.
1. The item is not shown in a showroom so if I am buying via the internet/phone DSR compliance is mandatory to the seller.
2. The item is made to order and not made to measure or bespoke to my requirements so it is not covered by the DSR exclusions.

Has anyone else had any similar issues with DFS or similar companies where you can buy either online or via a showroom? Any thoughts on whether DSR should apply?

I have not discussed the DSR issue with DFS yet so I don't know their view but I am guessing they don't think it will apply based on customer services stating that I have no right of return if I don't like the sofa.

Thanks

Are you planning to buy this unseen item in a DFS showroom?
Does the DSRs cover that arrangement?
I.e. are you actually purchasing at a distance?
I think not.

If DSRs do cover the sale, another point to consider is...
If when the thing is delivered you decide it isn't to your liking, you will probably find (depending on supplied documentation) that the cost of returning it will be down to you.

mo786uk

As above, is the DSR do apply tey can amke you return the item - which may cost hundreds of pounds.

If it matetrs that much to see the tiem - don't take the risk.

DSRs do not apply if it is not made to order or bespoke.

Flyboy152

mo786uk wrote: »

As above, is the DSR do apply tey can amke you return the item - which may cost hundreds of pounds.

If it matetrs that much to see the tiem - don't take the risk.

DSRs do not apply if it is not made to order or bespoke.

From what I understand, it is only the "bespoke" part that the DSRs do not allow a return based on a rejection after inspection under regulation eleven. I was under the impression that if the item was part of the seller's normal range, it wouldn't be easy for them to prove it was custom made.

The DSRs do cover all items purchased at a distance. There are more than one regulation under the DSRs.

mo786uk

The legislation uses the wording:
"made to the consumer’s specifications or clearly personalised"

I dunno how or why DFS say that their sofas may fall into this category.

Quite clearly if they do then the cancelaltion period of the DSRs dont apply and I thin kthats all the Op cares about.

bris

OP very often these sofas are new to the range, they keep them very low key and at a high price because they have to have them on sale, somewhere for 28 days before they can put them on sale.
This might not be the case here but ask the questions first. It may be that they are waiting the time limit before having a half price sale on the suite.
As most people know, they very rarely have full price suites, their whole marketing image is pretence at a suite that was x amount now half price etc.

bifold

Since the sofa is offered in a choice of fabric ,once you select your choice it is a bespoke made to order item,If you dont accept this buy elsewhere.

System

Personally I don't think the whole thing is worth the hassle. If you buy the sofa unseen and don't like it then it doesn't sound like DFS are going to accept a return under DSR. They may legally have to but it sounds like its going to be a massive pain to get them to agree to it and like someone else said they will charge you for the return which I doubt will be cheap.

I believe DSR doesn't apply if they show you the same product but you order it in a different colour or size? Therefore they may try and get round DSR by saying they have shown you an almost identical item in a different colour (however obviously if its slightly different its not exact).

I think the whole thing is going to end up more trouble than its worth so if I was you I would just leave it!

bigbulldog

There are two things that should not be purchased via the internet without trying them,beds and sofa's.:)

Flyboy152

bifold wrote: »

Since the sofa is offered in a choice of fabric ,once you select your choice it is a bespoke made to order item,If you dont accept this buy elsewhere.

It can see that being very difficult for DFS to argue, as it is more than likely a standard feature of the goods. If it was a colour that they would not normally sell, for example in jade green, when they only advertise a lime green, then they might be able claim they custom made it to a specification supplied by the consumer. But if it is from a limited selection of colours, it would be hard to argue otherwise.