Harveys furniture - my rights on deposit refund? - goods not delivered (Yet)

hiohaa

I placed an order at the Harveys store on the 28th January, and paid the deposit (£187 on a sofa of £1218). (did not require any finance)

A delivery time of 11-13 weeks was quoted on the invoice, as a guide.
They continued to delay delivery, and i was contacted last week saying that the sofa will be available for delivery from the 29th May.

I want to get my deposit refunded and cancel the order - but I don't think I have the right to. What do you guys think?

Here are the terms and conditions of sale:
http : // i.imgur.com /xvR9ApO.jpg

(sorry it wont let me post links because im new! copy and paste above and take out the spaces)

The relevant clauses are 1,2,3.
".......and is not refundable except in accordance with your rights under sale of goods legislation"

Okay - so the sale of goods legislation is the only thing i've got to get me out of this contract.........
So the question is - does that legislation have anything I can use to get me out of this, and get my deposit back?

wealdroam

This post will help you answer your question...

Is a deposit ever refundable?

unholyangel

Have you told them that you're not willing to wait any longer? If so, by phone, in person, by email or letter?

The reason these companies usually "estimate" delivery is because if they say delivery will be on x date and dont keep to it, they're in breach of contract.

If you've previously told them you werent willing to wait beyond x date (or any longer than a further x weeks) and they have failed to deliver within that time, you should be able to cancel and get a full refund.