Can I cancel a sofa from SCS?

poppy_rocket

Hi. Just wondering if anyone can help? I ordered a sofa from scs in mid April. During the telephone call in which I made the order, they advised that the sofa cannot be cancelled once ordered and finance completed which I agreed to. However, they stated that the delivery would be 4 weeks. That time is now nearly upon
Us and I have heard nothing in sofar as delivery is concerned. Now I have changed my mind about the sofa but accept that I have to keep it as they state no returns or cancellations once contract agreed so I hope to have a get out clause. If they do
Not deliver within 4 weeks does that mean I am entitled to cancel the contract as they have not delivered in line with our agreement?

wealdroam

poppy_rocket wrote: »

Hi. Just wondering if anyone can help? I ordered a sofa from scs in mid April. During the telephone call in which I made the order, they advised that the sofa cannot be cancelled once ordered and finance completed which I agreed to. However, they stated that the delivery would be 4 weeks. That time is now nearly upon
Us and I have heard nothing in sofar as delivery is concerned. Now I have changed my mind about the sofa but accept that I have to keep it as they state no returns or cancellations once contract agreed so I hope to have a get out clause. If they do
Not deliver within 4 weeks does that mean I am entitled to cancel the contract as they have not delivered in line with our agreement?

I think you'll find that their delivery time is only an estimate.

Check your documentation.

poppy_rocket

ok. I've checked my t & c's on the docs signed on the 21st April. The delivery time states 4-6 weeks. The small print states that this can be extended by them to 4 weeks either side for early or late delivery. That's all it states. So if it does drag on until after for say 10 weeks then I presume they have not delivered in line with the contract?

wealdroam

poppy_rocket wrote: »

So if it does drag on until after for say 10 weeks then I presume they have not delivered in line with the contract?

That's right.

You might like to reinforce your position by sending them a 'time is of the essence' letter.

Read all about 'time is of the essence' in MSE's Delivery Rights article.
There's a template letter in there too.

I would be inclined to send the letter at maybe six weeks, and give them 28 days to come up with the goods.

poppy_rocket

Brilliant. Thanks for your reply. Helps a lot. Helen

deanos

if it was ordered over the phone then DSR applies and you can cancel for any reason ?

arcon5

I suspect it was concluded in store or some form of in store involved since op had to sign a credit agreement. So dsr unlikely to apply

poppy_rocket

Sorry. I've not been back on here for a week. I ordered it online and they sent me the contract a few days later which was signed and returned to them. Don't think I can cancel in that basis. I have spoken to them and what they state is that it is expected in their warehouse on the 29th May. The 6 weeks is up on the 2nd June if the contract was signed on the 21st April so let's see what happens. Thanks for all replies.

shaun_from_Africa

poppy_rocket wrote: »

I ordered it online and they sent me the contract a few days later which was signed and returned to them. Don't think I can cancel in that basis.

Provided that the entire contract was concluded over the phone or internet (ie, you didn't view it in a shop first), and provided that the sofa wasn't personalised especially for your order, then it is very possible that you do have the right to cancel it under the Distance selling regulations and cancelling under the DSR's also gives you the right to cancel the credit agreement.

milo28

Hi

can you please help advise i ordered a sofa yesterday from scs in store, i felt pressured by sales staff to complete the order as it was closing time so have signed and paid deposit, but on sleeping on it have decided I no longer want the sofa - is there anyway i can get out of this order?

thanks

wealdroam

milo28 wrote: »

Hi

can you please help advise i ordered a sofa yesterday from scs in store, i felt pressured by sales staff to complete the order as it was closing time so have signed and paid deposit, but on sleeping on it have decided I no longer want the sofa - is there anyway i can get out of this order?

thanks

What does your copy of the contract say about cancellations?