Refund from DFS

Wendy_T

Last weekend we went to DFS and choose a new sofa. The whole price of the sofa was paid for by credit card. DFS said that they would not start to build the sofa until we had a site survey, see if the sofa fitted on our house.

The guys came for the site survey and they said that it doesn't fit. I have been asked by DFS to go back to the showroom and find another sofa, but they won't give me a refund.

DFS have not yet started building the sofa, so I don't understand why we can't get a refund.

The order was placed last Sunday and the site survey was yesterday, so all very recent.

What are my rights? Can I demand a refund?

Any advice gratefully received. Thank you.

browneyedbazzi

What does the contract you agreed say about cancellation and refunds?

Wendy_T

I read the contract through and it doesn't even mention cancellation or refund.

I could understand perfectly if they had started acting on the order, but at this current time, there is no order as the order was cancelled on the results of the site survey.

Bantex_2

Why pay up front for something you do not know will fit in your house?

wealdroam

Wendy_T wrote: »

I read the contract through and it doesn't even mention cancellation or refund.

I could understand perfectly if they had started acting on the order, but at this current time, there is no order as the order was cancelled on the results of the site survey.

A problem you could have is that DFS has no obligation to provide a refund when a purchase is made in store.

All in store sales should be considered final, in my view, unless advised otherwise at the time of sale.

It is refreshing to hear that DFS are now checking that goods fit into their customer's premises though.

Wendy_T

I paid up-front because they asked for payment up front. Although I did bring measurements into the store and the sales guy said that it would fit.

So I could be up the creak without a paddle so to speak. Ek!

wealdroam

Wendy_T wrote: »

So I could be up the creak without a paddle so to speak. Ek!

No... not quite.

Surely you could revisit DFS and use the money you have already paid to buy a sofa that does fit?

Alternatively, have a read of this post:

Is a deposit ever refundable?

Wendy_T

Really helpful to understand my position - thank you so much for all your posts. Just hoping that I can find a suitable alternative now

halibut2209

wealdroam wrote: »

It is refreshing to hear that DFS are now checking that goods fit into their customer's premises though.

Not that refreshing if the result of the checking is meaningless

unholyangel

wealdroam wrote: »

A problem you could have is that DFS has no obligation to provide a refund when a purchase is made in store.

All in store sales should be considered final, in my view, unless advised otherwise at the time of sale.

It is refreshing to hear that DFS are now checking that goods fit into their customer's premises though.

While theres sound logic in that, I don't think it would pass the test of fairness in this instance for a few reasons. The least of which being it binds the consumer to pay without binding the supplier to supply what was agreed.

11.1 The OFT's objections to variation clauses generally are set out under Group
10. A variation clause of the particular kind described in the wording above
allows a supplier to substitute something different for what he has actually
agreed to supply. This conflicts with the consumer's legal right to receive
something that is in all significant respects what he or she agreed to buy,
not merely something similar or equivalent.

11.2 Consumers are legally entitled to expect satisfactory quality in goods and
services, but that does not mean it is fair to reserve the right to supply
something that is not what was agreed but is of equivalent standard or
value. Terms should respect both the right to receive products that are as
described and the right to satisfactory quality, not one or the other.

ETA: for op, the rights referenced above are rights under the unfair contract terms act and sale of goods act (soga is the part that gives you the rights for receiving goods that are of satisfactory quality AND as described, unfair contract terms is the part that makes it illegal for a retailer to attempt to deny your statutory rights/have terms in their contracts that upset the balance of the parties rights).

wealdroam

unholyangel wrote: »

While theres sound logic in that, I don't think it would pass the test of fairness in this instance for a few reasons. The least of which being it binds the consumer to pay without binding the supplier to supply what was agreed.

Has the seller refused to supply the purchased goods?

Or has the seller just advised the buyer that the purchased sofa will not fit in the buyer's house?

I have read:

Wendy_T wrote: »

...at this current time, there is no order as the order was cancelled on the results of the site survey.

but we don't know whether the customer or seller cancelled the contract, do we?