Refund from DFS

unholyangel

wealdroam wrote: »

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:

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

Except perhaps that the sale was subject to survey to start with.

If a contract of sale exists then the goods will not be as described. If a contract of sale doesnt exist....there is nothing legally binding on the OP to enter into a contract of sale.

Sometimes contracts/neogotiations can become frustrated without fault of either party.

There is nothing to stop the retailer suggesting/recommending another product, but trying to force the OP into accepting increased costs/reduced benefits/something that isnt as described clearly wasnt a legally binding agreement in the first place imo. All the changes are to the detriment of the customer, not the retailer.

As an aside, OP i take it they've checked window measurements etc too? Just in case the new suite would fit through the window (would involve employing a glazier but may be a better alternative so you get the suite you wanted).

DFS_representative

Hi Wendy_T


I am sorry to hear that you are having problems and that your chosen sofa would not fit.


If you would like to give us a call in head office we would be more than happy to look into this for you.


Many thanks


Lauren
DFS Head Office Customer Service
Tel: 01302 330365

wealdroam

unholyangel wrote: »

Except perhaps that the sale was subject to survey to start with.

That is a possibility.

Equally possible is that an order was placed and then DFS said "we'll check that it fits before starting manufacture".

After checking, and finding that the sofa was too big, did DFS then say "that model won't fit in your house. Would you like to cancel that order and visit the showroom to choose something else?".

A reasonable customer would probably agree to that.

If that's what happened, then it is the customer that has cancelled the contract... not the seller refusing to supply the purchased goods.

Of course neither of us know exactly what happened.

unholyangel

wealdroam wrote: »

That is a possibility.

Equally possible is that an order was placed and then DFS said "we'll check that it fits before starting manufacture".

After checking, and finding that the sofa was too big, did DFS then say "that model won't fit in your house. Would you like to cancel that order and visit the showroom to choose something else?".

A reasonable customer would probably agree to that.

If that's what happened, then it is the customer that has cancelled the contract... not the seller refusing to supply the purchased goods.

Of course neither of us know exactly what happened.

Even under those circumstances, the most OP would be liable for would be losses directly incurred as a result of the breach - which is negligible given they havent started to make it yet, they cannot refuse to cancel/refund.

wealdroam

unholyangel wrote: »

Even under those circumstances, the most OP would be liable for would be losses directly incurred as a result of the breach - which is negligible given they havent started to make it yet, they cannot refuse to cancel/refund.

I agree, and I supplied a link in post #7 which effectively said that.