MAde to measure Guarenteed for Xmas not being delivered until end of January

kimbalena

Hello all,

So I was wondering if anyone can help me with my rights. I needed some curtains and so called laura ashley. When on the phone to them (without even asking) I was informed that if I placed my order before the Monday 18th November for made to measure curtains they were guaranteed for xmas delivery. I then placed the order the next morning (the Saturday before the Monday deadline) I then received an estimated delivery date of the 27th December. Understandably I was confused and called to confirm they would be before xmas as I had been told was guaranteed. My order was placed based upon this information. After a multitude of time on the phone, I was then told again that my order would definitely be with me before xmas. I have today received an email stating my order will now not be delivered until the end of January! I cannot cancel the order as they are made to measure. However they are failing on their contract (albeit a verbal one). They have put me in the position that it is only 2 weeks to xmas and I have no time to get other curtains. So we will be in a very cold bleak house for xmas with no curtains! Does anyone know what my rights are. I would expect some form of compensation?

Thanks all in advance for any help/advice?
Kim

frugal_mike

Did they record the phone calls or send you any order confirmation or other information that mentioned it was guaranteed for Christmas?

kimbalena

Unfortunately I don't know. They may record calls, but they aren't going to tell me that! And they didn;t put it in writing no.

unholyangel

DSRs state the period for performance is 30 days unless agreed otherwise. So either they admit they gave pre-xmas guarantee and they're in breach or they deny they ever agreed a delivery date and they're still in breach as they're not performing within 30 days. You can still cancel orders for customised goods. Just you don't have the unconditional right to cancel like you do with other goods.

Personally, I'd write/email them saying ordered on the basis that they had guaranteed delivery and if they are unable to perform their obligations under contract as agreed that they should cancel your contract immediately/issue a full refund without delay.

They cannot fail to perform their obligations and hold you to yours.

Schedule 2, paragraph 1, states that terms may be unfair if they have the object or effect of:
(o) obliging the consumer to fulfill all his obligations where the seller or supplier does not perform his.

frugal_mike

For some reason I had thought the automatic cancellation after 30 days only applied to contracts with unconditional cancellation rights. I think its because it says it is subject to paragraphs 7 and 8, but checking back those deal with the information that sellers must provide and not with excempted contracts as I had suspected.

One thing I would be wary of would be if their terms and conditions stated a period longer than 30 days to perform their obligations. However since the order was made on the phone they would presumably have to prove this was agreed by you on the phone, so would instead just prove they were contracted to deliver before Christmas.

unholyangel

frugal_mike wrote: »

For some reason I had thought the automatic cancellation after 30 days only applied to contracts with unconditional cancellation rights. I think its because it says it is subject to paragraphs 7 and 8, but checking back those deal with the information that sellers must provide and not with excempted contracts as I had suspected.

One thing I would be wary of would be if their terms and conditions stated a period longer than 30 days to perform their obligations. However since the order was made on the phone they would presumably have to prove this was agreed by you on the phone, so would instead just prove they were contracted to deliver before Christmas.

Customised goods are covered under regulation 13 - exceptions to the right to cancel. Those mentioned in regulation 13 are only exempt from regulation 10 - the right to cancel. All other provisions apply in full.

Its why I'm such a pain in the !!! when people say customised goods are exempt from DSRs I try (sometimes fail mind you) to be as specific as possible so people reading old threads in hope of getting an answer for themselves have a better understanding