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DFS Sofa Cancellation

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Hi There,

Me and my partner was recently in dfs and quite liked a sofa but we wanted to go home and check the measurements to ensure it would fit without overhanging a doorway...

He said we will fill out the paperwork but I will write in the "notes" box "subject to sizing"

Anyway he rang me to ask if the sizing is ok and will fit, I replied its not really because it will overhang the doorway... but in the end we ended up ordering the sofa... however 2 days after I have been made redundant...

So I have rang the store up to explain that I would like to cancel my order and also pointed out to the manager when he eventually rang me back that on the sheet I made the salesperson write "subject to sizing"
The manager is telling me I have no right to cancel the order...

CAN ANYONE PLEASE PLEASE HELP AS ME AND MY PARTNER ARE SO WORRIED THAT WE ARE GOING TO HAVE TO HAVE A SOFA WE CANNOT AFFORD...

P.S Sorry if ive posted in the wrong place
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Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have no right to cancel and get a refund just because you have changed your mind. The fact that it won't fit is not DFS's fault, you went home to measure up before you agreed by phone to go ahead with the order, the order was subject to sizing but you confirmed that you accepted the overhang.
  • Yes I was aware of that but its not that I have "changed my mind" because ive been made redundant I wasn't sure if writing regarding the sizing on the paperwork if I would have a leg to stand on...

    You say that ive confirmed that the sizing is ok over the phone, I haven't ever signed a new contract without "subject to sizing" on so how do they prove ive agreed to the sizing issue??
  • also you state about getting a refund... I haven't paid a penny yet nor have I received the sofa... I only ordered 2 days ago
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But presumably he means you've signed a legal and binding contract agreeing to pay?
  • agreeing to pay on the terms of "subject to sizing" which is clearly on the paperwork that I signed...

    Im just wondering if anyone that knows a little more on this believes I have a case...

    To me ive signed 1 contract that il pay for the goods "subject to sizing"...
  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You verbally agreed which concluded both parties to the contract, your verbal agreement satisfied the subject to sizing part.

    You have no right to refund as you have now entered a mutually binding contract by your agreement (no matter your issue on the overhang, you accepted this and agreed anyway).

    Your redundancy has no bearing, unfortunate though it may be the contract has no clause to cater for that.
  • krisdorey wrote: »
    You verbally agreed which concluded both parties to the contract, your verbal agreement satisfied the subject to sizing part.

    You have no right to refund as you have now entered a mutually binding contract by your agreement (no matter your issue on the overhang, you accepted this and agreed anyway).

    Your redundancy has no bearing, unfortunate though it may be the contract has no clause to cater for that.

    But if I took this matter further would they not need proof of the verbal agreement??
  • JReacher1
    JReacher1 Posts: 4,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    So is your plan to lie and say you've never provided a verbal agreement?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    But if I took this matter further would they not need proof of the verbal agreement??

    Be careful Shaun.

    I wonder how many Shauns in Nottinghamshire ordered a sofa from DFS "subject to sizing" in the last few days?

    DFS do read this forum, and there is even a DFS Representative that can be seen around from time to time.

    What ever happened to "my word is my bond"? ;)
  • Phoning is no good.

    Get down to the shop, speak to the Manager, and sort it out

    Tell him you have measured and re-measured and it will not fit in.

    Shop, Manager, Sort.

    and don't come out the shop till its cancelled.
    Looking forward to the day I have nothing left to list on eBay
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