Late delivery of lamp table by DFS

BLACKCAT21

I ordered a lamp table at DFS in early March. I was told by the sales assistant it would be delivered by six weeks and I paid a deposit of £100 - cash unfortunately . On the sales receipt it says delivery in approximately six weeks. It is now double that time and it still has not arrived. I went to the store to query the delay but they are still unsure as to when it will be arriving. I want to get a refund and get a table elsewhere however on the receipt there is a handwritten note stating no refund no amend. Is there anyway I can get my money back especially as I paid the deposit by cash?

bris

You now need to show a breach of contract, as it's been well over the estimated time scale. Even although the 6 week period can just be an estimate if it's not part of the contract they still have to get it to you in a reasonable time frame.

Take a letter to them giving them a further 30 days to deliver or you are holding them in breach and want a refund. You will need to do this to put them on notice that you are taking the timescale seriously now and then the courts (if need be) would see you gave them plenty opportunity to deliver.

timbstoke

I'd agree with Bris, but I'd wind the notice period down to 14 days. When the original delivery time was 6 weeks and they already exceeded that by another 5-6 weeks, offering them another 4 weeks on top is excessive IMO.

BLACKCAT21

Thank you for the prompt reply. I understand that I need to put them on notice, however I no longer require the table. If it had been delivered on time I would have accepted it, but considering the time I have had to wait could I now claim they have been unreasonable in order to get my deposit refunded?

wealdroam

Why did they write 'no refund, no amend' on the receipt?

you clearly accepted that condition.

BLACKCAT21

To be honest I only saw the no refund no amend written on the receipt after I had paid the deposit. However, I still come back to the fact that I have been waiting 12 weeks, surely DFS have not lived up to their end of the bargain and as such am I not entitled to cancel the agreement and get my money back?

wealdroam

BLACKCAT21 wrote: »

To be honest I only saw the no refund no amend written on the receipt after I had paid the deposit. However, I still come back to the fact that I have been waiting 12 weeks, surely DFS have not lived up to their end of the bargain and as such am I not entitled to cancel the agreement and get my money back?

Re-read the first paragraph of post #2.

Where does 12 weeks come from?
You ordered 'early March'.
It's only ten weeks since 03 March.

pinkshoes

You need to give them a final written warning, stating that if they do not deliver within 14 days, then you are cancelling due to a breach of contract, and will come into the store to collect the £100 cash deposit you paid.

BLACKCAT21

Yes my error it has been ten as opposed to twelve weeks. However thank you to those who have advised to give a written period of notice to deliver. I will give 14 days as advised and see what happens. Will report back here the end result.