Furniture not as described - do I refuse delivery?

emziola

Hi,

I ordered a dining room set on 29/12 from a local company (to me).

I specifically ordered black leather seat covers as the shop offered brown but my kitchen is black/grey.

I have paid a deposit of £344 on 29/12.

I received a call last night to say that they furniture will be delivered on Monday but they don't have the black leather seat pads only the brown.

They have said they will forward the black pads on when they arrive.

Can I refuse delivery until they either have the black leather pads or can I ask for a refund if they can't fulfil my order?

I phoned my credit card company (M&S) who were less than helpful and said I shouldn't refuse delivery as they can get me the money back for the black seat pads if necessary even though on the receipt it doesn't breakdown the cost of the extra seat pads (£50 included in price) only that I ordered them. They also said they can't necessarily get my deposit back for me.

I'm concerned that if I refuse delivery I'll have lost my deposit and/or the dining set altogether. I also don't want to be stuck with a dining set with brown pads if they don't deliver on the black.

I am due to pay the remaining £300 upon delivery.

I've tried phoning them all day today without reply.

Please help?
Emziola