Furniture Village - long wait for delivery - advice please

angie54321

In the Black Friday week sale November 2018 we ordered a dining table and chairs from Furniture Village. Timescale for delivery was 11 weeks.

At the end of January, the due date for delivery, I had a call from the store to say that the item would be delayed and would be delivered closer to the end of February - 4 weeks after the expected delivery date.

I accepted this at the time. At the end of February I hadn't heard anything, but was now told that, due to the amount of orders they had received the manufacturer was struggling, but our dining set would be delivered or ready for delivery on the 15th March at the latest. I spoke to the store manager on the 13th March who told me that the reason for the delay is because their warehouse was very full and our table was probably at the back so they couldn't get to it!

I contacted them today, 22nd March, because I still have heard nothing. I've been told that the dining set should be ready for delivery on the 25th March.

As you can imagine, I have no faith in these continually slipping dates any more.

We have paid a hefty deposit and we will be paying the rest on interest free credit.

What are our cancellation rights? It has now been nearly 21 weeks since we ordered.

Aylesbury_Duck

What does your documentation say about cancellation rights and charges?

angie54321

Terms and Conditions:

Cancellation -
Cancellations made after 72 hours of placing my order will be charged at 25% of the value of the item.

Delivery dates -
I understand that delivery dates are given in good faith at the time I placed my order and that Furniture Village will endeavour to deliver within the timescale. I also understand that Furniture Village cannot accept any responsibility for any loss incurred by me because of delays outside of their control*

*Your statutory rights are not affected.

---

I accepted that the dates given for delivery were estimated, but really did not expect them to slip by 10 weeks - we still have no date so we are probably looking at a delivery time of close to 25/26 weeks (HALF A YEAR!!!) - and bearing in mind they will have had our deposit for that length of time.

This is on top of another issue we have had with a 3 piece suite ordered at the same time, which was delivered on time, but damaged beyond repair, and which they have offered to replace (and give us a discount of 10% for our inconvenience: but of course we still have another 3 months to wait for delivery of a new one.)

Not my favourite store at the moment!

Aylesbury_Duck

Perhaps a letter to them asking if you can cancel without incurring the 25% charge might be in order, citing what you think is an unreasonable delay.

Fosterdog

What date did you actually order? Black Friday was 23rd of November so 11 weeks from that week which was your expected deliver would be the week ending 8/9th Feb. You then agreed to a 4 week delay which was week ending 8/9th March. We are now 17 weeks after Black Friday not 21 weeks so somehow you've added a whole month on to your waiting time.

They are now 2 weeks after your agreed wait time (if you did order Black Friday week), if they've promised delivery on 25th you might as well give them chance to deliver on that promise as nothing will get done over the weekend. If it doesn't arrive on Monday send them a time is of the essence letter giving them 14 days to deliver or you will cancel the whole order and expect a full refund of everything you've paid so far.

deethebee

angie54321 wrote: »

In the Black Friday week sale November 2018 we ordered a dining table and chairs from Furniture Village. Timescale for delivery was 11 weeks.

At the end of January, the due date for delivery, I had a call from the store to say that the item would be delayed and would be delivered closer to the end of February - 4 weeks after the expected delivery date.

I accepted this at the time. At the end of February I hadn't heard anything, but was now told that, due to the amount of orders they had received the manufacturer was struggling, but our dining set would be delivered or ready for delivery on the 15th March at the latest. I spoke to the store manager on the 13th March who told me that the reason for the delay is because their warehouse was very full and our table was probably at the back so they couldn't get to it!

I contacted them today, 22nd March, because I still have heard nothing. I've been told that the dining set should be ready for delivery on the 25th March.

As you can imagine, I have no faith in these continually slipping dates any more.

We have paid a hefty deposit and we will be paying the rest on interest free credit.

What are our cancellation rights? It has now been nearly 21 weeks since we ordered.

The Consumer Rights Act states that you can cancel an order from the moment that it's placed up until 14 days after you receive it. I don't see how charging you a 25% fee is lawful and especially since they have broken their contract with you so they cannot enforce this as the contract is essentially null and void. Their reasons for delay are very poor and it is highly unreasonable to expect you to wait so long for delivery. If you paid by debit card you can use the chargeback scheme if they refuse to refund you in full.

EDIT: Apologies for quoting the incorrect law in this post, it's actually the Distance Selling Regulations and I was under the assumption you had purchased online. But if not, I have updated by advice accordingly.

Fosterdog

deethebee wrote: »

The Consumer Rights Act states that you can cancel an order from the moment that it's placed up until 14 days after you receive it. I don't see how charging you a 25% fee is lawful and especially since they have broken their contract with you so they cannot enforce this as the contract is essentially null and void. Their reasons for delay are very poor and it is highly unreasonable to expect you to wait so long for delivery. If you paid by debit card you can use the chargeback scheme if they refuse to refund you in full.

Where exactly does the consumer rights act state that you can cancel up to 14 days after receiving an order?

The Consumer Contracts Regulations 2014 (CCRs) state this but that only applies to distance sales, As OP has been dealing with the store manager it suggests that this was an in store purchase and not a distance sale so the right to cancel you mention does not exist. There is no automatic right to cancel an in store order.

This then leaves OP with the order arriving within a reasonable time frame, the original time agreed was 11 weeks so there is no complaining nor cancelling to be done in that timeframe, then OP agreed to a further 4 week delay so again can't then go back on an agreed delay. They have also now agree to wait until the 25th so can't go back on that agreement either. On top of that as an exact delivery date was never agreed on but an estimate they don't have that to rely on which is why they would need to make the trader aware that time is of the essence and give them a final chance to deliver. Personally I would have done that when they failed the last delivery but OP didn't and agreed to wait until the 25th.

ThumbRemote

You need to write to them to make time of the essence. There is an example letter at https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-services/letter-to-make-time-of-the-essence-services/

It deals with a trader carrying out a service, but is easy to modify for your case.

After such a letter, and the passing of the deadline, you are entitled to a refund. Obtaining it may be the difficult part though.

da_rule

Would Section 28 of the Consumer Rights Act apply?

I.e. could the OP serve notice giving them a reasonable deadline to deliver the goods (maybe 4 weeks seeing as they’ve had since November already) and if they don’t, then the OP can treat the contract as at an end and claim all their money back.

angie54321

Fosterdog wrote: »

What date did you actually order? Black Friday was 23rd of November so 11 weeks from that week which was your expected deliver would be the week ending 8/9th Feb. You then agreed to a 4 week delay which was week ending 8/9th March. We are now 17 weeks after Black Friday not 21 weeks so somehow you've added a whole month on to your waiting time.

They are now 2 weeks after your agreed wait time (if you did order Black Friday week), if they've promised delivery on 25th you might as well give them chance to deliver on that promise as nothing will get done over the weekend. If it doesn't arrive on Monday send them a time is of the essence letter giving them 14 days to deliver or you will cancel the whole order and expect a full refund of everything you've paid so far.

You're right: I have somehow miscalculated the weeks. We ordered it on the 21st November, so in the week before the Black Friday weekend event. When they calculated in store they said end of January for delivery - possibly earlier.

They're not talking about delivery on the 25th, they are talking about it being available for delivery, so due to the fact they can only deliver in my area one day a week and my work commitments, it will likely be the beginning of April before we get it now. IF the 25th is the date it is actually ready for delivery - I'm certainly not convinced that it wasn't just another date thrown out of fob me off for a bit longer.

I'm so annoyed with them - I love the dining set, and I want it - I don't want to cancel it - I just want somewhere nice to sit to eat my dinner:rotfl:

Thanks for the advice.

angie54321

da_rule wrote: »

Would Section 28 of the Consumer Rights Act apply?

I.e. could the OP serve notice giving them a reasonable deadline to deliver the goods (maybe 4 weeks seeing as they’ve had since November already) and if they don’t, then the OP can treat the contract as at an end and claim all their money back.

Thanks, I wondered where I stood legally. I understand that delays sometimes happen, and accept that, but this is getting ridiculous. To wait 11 weeks for a dining table and chairs is quite a long time by most supplier's standards anyway, to wait another month, and then another.....it's not acceptable.

I've contacted the CEO with the whole sorry saga of the dining table and the three piece suite. Let's hope that someone higher up gets involved and puts pressure on them to pull their finger out!!