DFS - Unable to Deliver?

sportsarb

Not an issue yet but I want to know what way things stand should it come to the worst.

I placed an order for a sofa with DFS a few weeks ago, I had measured the doorways etc. and was confident they would fit, measured again a few days ago and now I am not so sure.

The sofa was ordered over the phone so will be covered by distance selling regulations as I understand it.

I'm led to believe that they will take the sofa away again if they cant deliver it. It isnt paid for up front so there is nothing to be gained from them leaving it in any case.

I take it that I am liable for the cost of delivery etc. but are there any other issues that I am likely to face?

Apart from DFS who else would I need to contact?

shaun_from_Africa

The sofa was ordered over the phone so will be covered by distance selling regulations as I understand it

Not necessarily.

If you had already looked at the sofa in a store then decided to place the order over the phone, the OFT state that the DSR's wouldn't normally apply.

2.13 This depends on the circumstances, but we consider the DSRs would
not normally apply where a consumer examines goods at your
premises and later orders those goods by distance means, even if the
goods are slightly different, for example, ordered in a different colour

from those actually examined

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Another thing to bear in mind is that if the sofa was made to order then the DSR's wont apply.

unholyangel

shaun_from_Africa wrote: »

Not necessarily.

If you had already looked at the sofa in a store then decided to place the order over the phone, the OFT state that the DSR's wouldn't normally apply.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Another thing to bear in mind is that if the sofa was made to order then the DSR's wont apply.

By made to order he means clearly customised and not just selecting from preset options.

sportsarb

It wasnt looked at in store and I did select from preset options.

Didnt ask for my name to be sewn into it or anything so no personalisation.

Flyboy152

shaun_from_Africa wrote: »

Not necessarily.

If you had already looked at the sofa in a store then decided to place the order over the phone, the OFT state that the DSR's wouldn't normally apply.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Another thing to bear in mind is that if the sofa was made to order then the DSR's wont apply.

Not that I would ever advocate a consumer being dishonest, the store would have to prove the OP visited the store before placing the order.

Flyboy152

sportsarb wrote: »

Not an issue yet but I want to know what way things stand should it come to the worst.

I placed an order for a sofa with DFS a few weeks ago, I had measured the doorways etc. and was confident they would fit, measured again a few days ago and now I am not so sure.

The sofa was ordered over the phone so will be covered by distance selling regulations as I understand it.

I'm led to believe that they will take the sofa away again if they cant deliver it. It isnt paid for up front so there is nothing to be gained from them leaving it in any case.

I take it that I am liable for the cost of delivery etc. but are there any other issues that I am likely to face?

Apart from DFS who else would I need to contact?

On the face of it, you seem to be covered by the DSRs and would only be liable for any return carriage costs (not delivery), if you wish to cancel. The argument could be made, that seeing as you did not accept delivery of the item, there should be no return carriage. But it might long and drawn out.

sportsarb

Thanks for the replies.

The good news is that it arrived and is sitting in the corner of the room now looking perfect.

I neednt have worried at all but such is the way I worry.

dacouch

Was it ordered whilst they had a sale on?

Flyboy152

Apart from the fact that the issue is resolved, what has a sale got to do with it?

sportsarb

dacouch wrote: »

Was it ordered whilst they had a sale on?

Flyboy152 wrote: »

Apart from the fact that the issue is resolved, what has a sale got to do with it?

I think its a reference to the fact that DFS always have a sale on and it always 'must end soon'.

vinny36

I have a similar query regarding DFS delivery, but in relation to their sales contract.

I went into a DFS store and have ordered furniture. The sales contract states delivery is 'approximately 8 weeks'. I also took out a credit agreement which was arranged via the store. I am due to start making payments next January for 3 years. Its now early April!!

It is getting close to the end of this delivery period, and my furniture has not arrived, and I have not heard from DFS.
Can I claim compensation from them for the delay but still wait for delivery?
Can I cancel the order? And if so, what happens with the credit agreement?

If it didn't state 'approximately' it would be a clear breach of contract. I am considering writing to the branch to make 'time the essence'.