Homebase "No Liability for Failed Deliver"...so I have no rights?

letsbereasonable · 7 February 2013 at 4:28PM

I ordered a sofa suite from Homebase in the Boxing Day sales, when I got to the checkout section on their website it indicated they had the sofas in stock and even let me pick a delivery date and time slot [I think it was Jan 10th], so I was pleased thinking I'll have them in a couple of weeks. However, a few days prior to the delivery dat they rang and claimed they could not deliver since the sofas wre not actually in stock[!] and gave me a new date of February 13th, however today they called again and said they cant deliver...because they are not in stock! Now they have given me a new date of March 8th!!! and thats for an order I placed on Boxing Day 26th December! Their website says they are not liable for any failure of delivery so can I complain and do I have any rights legally, or have they covered themselves with that clause in their terms and conditions? Any advice much appreciated.

bod1467 · 7 February 2013 at 4:44PM

You have the right to rescind (cancel) the contract and receive a full refund of all monies paid as they have failed (twice) to deliver. (AFAIK)

In fact - as this was (or appears to have been) an online purchase, you can cancel at any time under the Distance Selling Regulations. An email would probably be best as this would give you proof of cancellation request.