DFS Online Order

roo09

Hi All - I’m new to these forums and have looked for an answer but couldn’t find anything so sorry if I’ve missed something... Hoping for some advice please.

In the process of buying a new build and purchased 2 sofas from DFS online ready for when we move in. We placed the order in January (with 8 week delivery turnaround) after going in store to see sofas in ‘real life’. The original 8 weeks was in line with the expected completion of our house. Didn’t end up buying in store for various reasons but were told that they could be flexible on delivery given we didn’t have a fixed day that we’d be in the house.

Perhaps unsurprisingly, our house has now been pushed back and sofas are ready earlier than originally anticipated. DFS now calling saying sofas are ready and we have to take delivery now. The problem is that we currently rent a tiny 1 bed flat with no space for the 2 sofas.

DFS also saying it’s our fault we did not let them know a ‘do not deliver before’ date as this is what a salesperson in store would have done for us. This was never an option when ordering online. They also tell me distance selling rules now don’t apply because we went in store before placing an order online. Seems to only work in their favour?

We’re in the process of buying a number of other furniture items from other retailers who have been fine with rescheduling delivery but this seems to be a sticking point with DFS who now say they’ll have to resell our sofas and give us a refund if we can’t take them now. The price to reorder is now double what we originally paid!

Not the most straightforward time and we seem to be learning lessons day by day but any advice on our rights would be greatly appreciated. Thanks!

unholyangel

The first thing to find out is whether the trading entity in the stores is the same as the online side of the business.

The website is operated by DFS trading - which is a subsidiary of DFS furniture PLC. If the stores are not also operated by DFS trading then you will still have the right to cancel under the CCRs (replaced the distance selling regs some years ago).

Aylesbury_Duck

roo09 wrote: »

Hi All - I’m new to these forums and have looked for an answer but couldn’t find anything so sorry if I’ve missed something... Hoping for some advice please.

In the process of buying a new build and purchased 2 sofas from DFS online ready for when we move in. We placed the order in January (with 8 week delivery turnaround) after going in store to see sofas in ‘real life’. The original 8 weeks was in line with the expected completion of our house. Didn’t end up buying in store for various reasons but were told that they could be flexible on delivery given we didn’t have a fixed day that we’d be in the house.

Perhaps unsurprisingly, our house has now been pushed back and sofas are ready earlier than originally anticipated. DFS now calling saying sofas are ready and we have to take delivery now. The problem is that we currently rent a tiny 1 bed flat with no space for the 2 sofas.

DFS also saying it’s our fault we did not let them know a ‘do not deliver before’ date as this is what a salesperson in store would have done for us. This was never an option when ordering online. They also tell me distance selling rules now don’t apply because we went in store before placing an order online. Seems to only work in their favour?

We’re in the process of buying a number of other furniture items from other retailers who have been fine with rescheduling delivery but this seems to be a sticking point with DFS who now say they’ll have to resell our sofas and give us a refund if we can’t take them now. The price to reorder is now double what we originally paid!

Not the most straightforward time and we seem to be learning lessons day by day but any advice on our rights would be greatly appreciated. Thanks!

If you purchased the sofas online then you still have rights associated with online purchases. It doesn't matter that you went to a store beforehand. By their logic, because I've been into Argos once, anything I've ever bought online from them since isn't covered under the Consumer Contracts Regulations (which replaced the Distance Selling Regs a few years ago).

You may cancel the order and get a full refund, but it isn't their problem that the price has increased since. It's DFS, you won't be waiting long for the next sale...

MobileSaver

roo09 wrote: »

Didn’t end up buying in store for various reasons but were told that they could be flexible on delivery given we didn’t have a fixed day that we’d be in the house.

Unfortunately you can't rely on what you were told in a store if you then didn't buy from the store. What do the web site terms and conditions say about delivery times?

roo09 wrote: »

give us a refund if we can’t take them now. The price to reorder is now double what we originally paid!

If they're offering a full refund which puts you back to the position you were before ordering them I'm afraid that's probably about as good as you can get. Perhaps be thankful they are not instead charging storage fees if you don't collect the goods within a reasonable period?

Do you not have a friend or family member who can store the sofas for you?

roo09

Surely the service shouldn’t differ that greatly between store and online given they are the same company offering the same products. The website says “Once your order is confirmed as available for delivery we will contact you to agree definite arrangements for the date of delivery.”

They are telling us that we will get an admin charge for cancelling now not a full refund.

And no, we don’t have anyone living within a reasonable distance with the space for 2 extra sofas in their house. Hence why this is a problem in the first place.

shaun_from_Africa

Aylesbury_Duck wrote: »

If you purchased the sofas online then you still have rights associated with online purchases. It doesn't matter that you went to a store beforehand. By their logic, because I've been into Argos once, anything I've ever bought online from them since isn't covered under the Consumer Contracts Regulations (which replaced the Distance Selling Regs a few years ago).

I realise you are trying to be helpful but what you have posted above is totally incorrect.
It's not "their logic" as what they say is in line with the law.

The CCR's are very specific about what constitutes a distance contract and under the definition used in the legislation, the OP went into the store to look at the items in question so from that point it no longer met the required conditions.

http://www.legislation.gov.uk/uksi/2013/3134/regulation/5/made

distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Does what you say make sense?
To me and you, yes (and possibly to most posters on here as well) but unfortunately any dispute will only be based on the written legislation so if the DFS store visited by the OP and the online sales platform are the same company then the CCR right of cancellation does not apply.

Aylesbury_Duck

Farir enough, I was wrong. Thanks Shaun, I learned something new today.

NJW77

How about contacting your house builder and asking if they can be stored in the house or garage (if you have one)?
They will be delivered in plastic wrapping so no dust or dirt will get onto them.

roo09

Worth a try - we are expecting an update from them this week so will ask then!