DFS & Distance sales regulations

mo786uk

I agree

If they offer black purple green blue orange pink yellow grey

And a consumer orders orange then i dont think it necessarily falls withi nthe scope of made to the 'consumers specifications' because it is stil ltechnically an off the shelf product that they could sel lto another customer.

shaun_from_Africa

Whilst it may well be hard for DFS to legitimately argue that the sofa falls outside of the requirements of the DRS's because they had to order one of a specific colour, this may well not stop them trying.
This could lead to the OP having their money tied up for a long time, an unwanted sofa taking up space in their house and a lot of stress, and as already mentioned, an unknown fee for the collection of the sofa if it does get returned under the DSR's.

Unless the style of sofa is one that can't be obtained elsewhere from a retailer that has one that you can view first, or the DFS offer is a fantastic bargain then in all honesty you would probably be better off giving it a miss.

Miskin

I have now discussed this with their customer services team and they advised me that they can't talk about the returns policy (because its too complex!) they did point me to a section on their website which is a bit hidden. Under their terms and conditions and under the heading 'exchange policy' they state the DSR's do apply in my situation as detailed below.

Distance selling regulations only apply to customer’s orders made through the Head Office Telephone Sales Department (DFS Direct) that have 1) not been custom made to the customer’s specification or 2) when the customer has not examined the product in one of our showrooms. In this case if you decide to return your furniture you must notify us, in writing, within 7 working days of delivery.

Its interesting that this is only mentioned under an exchange policy which does not talk about exchanges at all, just refunds! Its also interesting that it only applies to telephone sales and not shop sales where there are no items from the range on display.

So if I decided to buy, I would be able to return it provided I purchased via phone sales.

The exchange policy goes on to state that if they collect it, they will charge up to 20%. To me this is not in line with the DSR wording as they can only charge the direct cost in collecting the goods, not a variable charge of their choosing. Customer services explained that this was to cover the fact that the sofa would be 2nd hand (not necessarily true according to the DSR) and to cover other sundry costs they may incur.

It is your responsibility to return the items to our delivery point in good condition and with the original packaging, however DFS recognise that many customers do not have the means to do this, and so will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items.

I will see how I get on with debating the potential 20% charge if I do decide to order......

Other points:

• Clearly I would not be able to rely on the DSR if items from the range were on display in a showroom I could reasonably visit or if this was purely an issue of colour choice. In my case, no items from the range in any colour are on display anywhere so the DSR will apply.

• Apparently (though I don't have this in writing yet), DFS operate a policy of providing the buyer with a refund to the lower price if the item they have order is reduced in a sale after the order was placed. This is providing the goods have not been delivered when the reduced price comes into effect. This would cover against a reduction in their next sale (presumably August bank holiday).

Not sure if I will buy yet (would much prefer to see something in the range even if its only an armchair) but I like to know my rights hence posting.

Thanks

wealdroam

Miskin wrote: »

Clearly I would not be able to rely on the DSR if items from the range were on display in a showroom I could reasonably visit or if this was purely an issue of colour choice. In my case, no items from the range in any colour are on display anywhere so the DSR will apply.

But, as you said earlier, only if you buy at a distance.
If you buy in store, even if unseen, DSRs do not apply.

RadoJo

To be fair, most of the sofas at DFS come in a range of sizes, colours and optional styles (e.g formal back or pillow back etc) meaning that there are thousands of permutations within just one range, which I think would count as a 'bespoke' product. It may be that they have stock of the most popular choices, but it wouldn't surprise me to learn that they have to make some models to order.

OP - rather than trying to bend the will of DFS to suit your purposes, perhaps it would save you a lot of stress and hassle if you either found another sofa, waited until they have one to view in the showroom or found another shop to buy from where you can try before you buy.

Miskin

I'm not trying to bend the will of DFS or any company I am simply trying to establish my rights as a consumer. This is an issue I have come across and I hope that anything I establish will be helpful to anyone else in a similar situation. It is by no means stressful for me. It is immaterial really whether I buy the items, I am simply carrying out the appropriate research before I make a major purchase. I actually like researching stuff like this!

If furniture is made to your individual spec it is obviously bespoke and the DSR will not apply. If an item is from a standard range and then made to order it is not bespoke and the DSR will apply.

Flyboy152

Miskin wrote: »

I have now discussed this with their customer services team and they advised me that they can't talk about the returns policy (because its too complex!) they did point me to a section on their website which is a bit hidden. Under their terms and conditions and under the heading 'exchange policy' they state the DSR's do apply in my situation as detailed below.

Distance selling regulations only apply to customer’s orders made through the Head Office Telephone Sales Department (DFS Direct) that have 1) not been custom made to the customer’s specification or 2) when the customer has not examined the product in one of our showrooms. In this case if you decide to return your furniture you must notify us, in writing, within 7 working days of delivery.

Not exactly in keeping with the DSRs. The time limit begins the day after delivery, for a start. Also, it doesn't matter where the goods are ordered from, if they are ordered at a distance, it makes no difference whether it was at their head office, their website or by telephoning the store directly.

Their terms are also quite ambiguous; does it mean that both conditions, one and two, must be met, or just either one of them.

Its interesting that this is only mentioned under an exchange policy which does not talk about exchanges at all, just refunds! Its also interesting that it only applies to telephone sales and not shop sales where there are no items from the range on display.

So if I decided to buy, I would be able to return it provided I purchased via phone sales.

The exchange policy goes on to state that if they collect it, they will charge up to 20%. To me this is not in line with the DSR wording as they can only charge the direct cost in collecting the goods, not a variable charge of their choosing. Customer services explained that this was to cover the fact that the sofa would be 2nd hand (not necessarily true according to the DSR) and to cover other sundry costs they may incur.

It is your responsibility to return the items to our delivery point in good condition and with the original packaging, however DFS recognise that many customers do not have the means to do this, and so will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items.

I will see how I get on with debating the potential 20% charge if I do decide to order......

Sounds more like a re-stocking fee to me. What has the value of the sofa got to do with shipping costs. It would cost the same to shop a five hundred pound sofa as it would a five thousand pound sofa. If the latter was shipped, are they seriously trying to get away with charging a thousand pounds for a courier to pick it up.

Other points:

• Clearly I would not be able to rely on the DSR if items from the range were on display in a showroom I could reasonably visit or if this was purely an issue of colour choice. In my case, no items from the range in any colour are on display anywhere so the DSR will apply.

[STRIKE]It doesn't matter whether you went to the showroom to test a hundred sofas, if you order the goods at a distance, they are covered by the DSRs, it is a simple fact[/STRIKE].

• Apparently (though I don't have this in writing yet), DFS operate a policy of providing the buyer with a refund to the lower price if the item they have order is reduced in a sale after the order was placed. This is providing the goods have not been delivered when the reduced price comes into effect. This would cover against a reduction in their next sale (presumably August bank holiday).

Not sure if I will buy yet (would much prefer to see something in the range even if its only an armchair) but I like to know my rights hence posting.

Thanks

The DSRs are quite clear on this and it forms a basic principle of the regulations; it states that the consumer is entitled to a refund of everything they have paid.

Flyboy152

Miskin wrote: »

I'm not trying to bend the will of DFS or any company I am simply trying to establish my rights as a consumer. This is an issue I have come across and I hope that anything I establish will be helpful to anyone else in a similar situation. It is by no means stressful for me. It is immaterial really whether I buy the items, I am simply carrying out the appropriate research before I make a major purchase. I actually like researching stuff like this!

If furniture is made to your individual spec it is obviously bespoke and the DSR will not apply. If an item is from a standard range and then made to order it is not bespoke and the DSR will apply.

It help to make your decision of you discuss the issues with Trading Standards or Consumer Direct. If you do, it would be very helpful for is all to have some feed back from you, to let us know what they say.

George_Michael

Flyboy152 wrote: »

It doesn't matter whether you went to the showroom to test a hundred sofas, if you order the goods at a distance, they are covered by the DSRs, it is a simple fact.

But if they visit a showroom and test or inspect a sofa then order that same item by way of distance means then the OFT state that the DSR's wouldn't normally apply.
The fact that you have had a chance to inspect the goods before ordering negates the reason for the DSR's having to be applied.

Flyboy152

George_Michael wrote: »

But if they visit a showroom and test or inspect a sofa then order that same item by way of distance means then the OFT state that the DSR's wouldn't normally apply. The fact that you have had a chance to inspect the goods before ordering negates the reason for the DSR's having to be applied.

[STRIKE]
Sorry, but they do apply. If the ordering was done at a distance, the DSRs apply, it is the whole point of the regulations.
[/STRIKE]