DFS Cancellation

Niles123

Hey guys,

I am looking to cancel an order by DFS, They are already making it a bit difficult as you can imagine, so I was wondering if anybody could advise.

In our defense:

- We haven't seen it in the showroom.
- Delivery failed (They had the wrong address by 1 digit, so weren't able to deliver it when they came).
- Delivery will fail anyway due to size of the sofa being too big. I'm worried that if I allow them to attempt a delivery again with the amended address, I will be stuffed.
- I haven't signed for the delivery
- Delivery was attempted today, so I believe there is either a 7 or 14 day cool down period in which we can cancel.

What they are doing:

- They are keen to get the address amended so they can re attempt the delivery, they don't seem to care that it won't fit.
- I called the main number to cancel, they have advised that a manager will call us any time within the next 24 hours. I assume they will try to call at an awkward time etc.

Thanks

visidigi

Niles123 wrote: »

Hey guys,

I am looking to cancel an order by DFS, They are already making it a bit difficult as you can imagine, so I was wondering if anybody could advise.

In our defense:

- We haven't seen it in the showroom.
- Delivery failed (They had the wrong address by 1 digit, so weren't able to deliver it when they came).
- Delivery will fail anyway due to size of the sofa being too big. I'm worried that if I allow them to attempt a delivery again with the amended address, I will be stuffed.
- I haven't signed for the delivery
- Delivery was attempted today, so I believe there is either a 7 or 14 day cool down period in which we can cancel.

What they are doing:

- They are keen to get the address amended so they can re attempt the delivery, they don't seem to care that it won't fit.
- I called the main number to cancel, they have advised that a manager will call us any time within the next 24 hours. I assume they will try to call at an awkward time etc.

Thanks

Read your contract of sale.

It tells you what happens when the item doesn't fit.

Alice_Walker

Did you order online or in store? You state you haven't seen it but you're not clear on where the order took place.

And the obvious question, why did you not measure up before the day of delivery?

Niles123

- Ordered online.
- Didn't measure as I hadn't moved in yet, the sales rep seemed to be fine with that over the phone, however can't remember exact conversation.

GwylimT

Was the item custom made? If so looking at the T&Cs on DFS website they will not refund if that is the case.

Consumer Contract regulations only apply to your order if the goods have not been custom made to your specification or if you have not examined the product in one of our showrooms. If the Consumer Contract Regulations do apply you can cancel your furniture by notifying us, in writing, before delivery or within 14 working days beginning with the day after the date of delivery.

Niles123

In regards to T&C -

- I haven't seen it in the showroom, only seen the packaging it is in by the delivery van outside.
- When they say custom made... I selected from their listing (sofa type, colour), and they made it for me. So it is in a way custom made, but in that case, all sofas are custom made so I'm probably wrong. There were no special requirements.

Thanks

GwylimT

Niles123 wrote: »

In regards to T&C -

- I haven't seen it in the showroom, only seen the packaging it is in by the delivery van outside.
- When they say custom made... I selected from their listing (sofa type, colour), and they made it for me. So it is in a way custom made, but in that case, all sofas are custom made so I'm probably wrong. There were no special requirements.

Thanks

However it says custom made or not seen in store, so you only need one of those to not be able to claim a refund, so you need it clarifying as to whether or not it is considered custom made.

Niles123

Looking online at other threads, It seems they claim all of their furniture is "custom made to your specification", so that section of the T&C is void in all cases.

People are suggesting that the key bit of information whether you have a say to cancel is whether they have delivered it on time.

They have not, due to my fault of giving them the wrong address initially, which they are keen to clear up before doing anything else. This makes me think that maybe if they can't deliver, the contract isn't legally binding?

Thanks

Thunderbird4

If you've ordered online and never seen it just cancel it according to DFS's T's & C's

Cancellation Policy

Consumer Contract regulations only apply to your order if the goods have not been custom made to your specification or if you have not examined the product in one of our showrooms. If the Consumer Contract Regulations do apply you can cancel your furniture by notifying us, in writing, before delivery or within 14 working days beginning with the day after the date of delivery.

Should you wish to return the goods it is your responsibility to take good care of the furniture. You are the owner of the furniture once it has been delivered to you and you are liable for any loss or damage. If you request delivery to another EU Member State you will own the furniture when it is delivered to the third party delivery providers' premises, and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we ask that you return the goods in appropriate packaging such as to prevent damage in transit.

Due to their intimate nature, all mattresses will be delivered sealed in clear plastic wrapping that will allow for inspection. Any mattresses that have been unsealed will be deemed as having been used. Therefore they cannot be returned for any reason other than because they are not as described or are not of satisfactory quality.

It is your responsibility to return the items to our central delivery point in a good condition. However DFS recognise that many customers do not have the means to do this, and so will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items. This charge will be calculated according to the number of items to be returned, availability of a delivery vehicle, your location and complexity of removal.


Read more at http://www.dfs.co.uk/content/terms-and-conditions#kTo3pC6pAxTLg0WV.99

[Deleted User]

Niles123 wrote: »

They have not, due to my fault of giving them the wrong address initially, which they are keen to clear up before doing anything else. This makes me think that maybe if they can't deliver, the contract isn't legally binding?

Come on now.:eek:
You gave them the wrong address and freely admit it.
Of course the contract is still binding since it's your fault alone that they couldn't deliver!
The fact that they state that all their furniture is bespoke does not void the T&Cs at all.



Why do you think this retailer would choose to call you at an "awkward time"?
If you think so little of them, this beggars the question of why you ordered from them in the first place?

If I were you I'd concentrate more on persuading them that some goodwill on their part is required, despite your catalogue of mistakes, rather than trying to somehow nullify the contract you have entered into.

I very much expect them to charge up to 20% of the purchase price (mentioned in the T&Cs) to cancel this. Remember that there are costs attached to being sent to the wrong address (regardless of whether they actually delivered)

unholyangel

Choosing from a list of available options is not made to your specifications, its made to your choice of their available specifications.

Therefore this is not a reason to reject your cancellation. Its DFS though so I wouldn't be surprised if they try and tell you otherwise.

ETA: The guidance actually use a sofa as example:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

14. An item made up following a consumer order does not necessarily make it
a bespoke item which is exempt from cancellation rights. An item, for example
a sofa or computer, can be assembled following an order but the component
parts may be made up of parts offered from a standard range. So, for
instance, a sofa where the consumer chooses a fabric and colour from a
range on offer will not be bespoke for the purposes of these Regulations.
However, if the consumer asks the trader to source a special finish and which
is not in the range generally offered by the trader, that is likely to be a
bespoke item.