DFS ORDER CANCELLATION

Thebells2015

Hiya, I am just wondering if anyone has been successful in cancelling a DFS sofa order, and if so, how we go about it? 

We ordered over the telephone, paid in full with a debit card.

It seems everything I have read online says that they struggle to get anywhere in the ways of a refund, irrespective of the distance selling regulations due to the sofas being “custom made”

They are certainly “made to order” but does this mean they’re “custom made” if we only chose from the options available? Is the wording for both the same? 

Their cancellation policy states;
” 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.” 
Does this mean, based on the OR in that statement; if we haven’t seen the sofa in a showroom, we can cancel?

Many thanks in advance for any help! 

Aylesbury_Duck

I don't think the "custom made" descriptor applies where you have chosen from a range of pre-determined options.  e.g. if the choices they offer are 2/3/4 seats in red/blue/green, then anything you choose from that range isn't custom made.  If however, they let you place an order for a 5-seater in pink, then that would be custom made because it's not one of the usual options.

Do you meet the other criterion, which is a genuine distance sale?  For example, if you went into store (before lockdown of course) and looked at the sofa and then ordered by phone, that's not a distance sale and you don't have the same rights to cancel.

DoaM

Aylesbury_Duck said:

Do you meet the other criterion, which is a genuine distance sale?  For example, if you went into store (before lockdown of course) and looked at the sofa and then ordered by phone, that's not a distance sale and you don't have the same rights to cancel.

Although it would be for the seller to prove that, not for the consumer to disprove it.

But as said, if you bought from a selection of options that DFS offered then it is Made To Order ... it is not Made To The Consumer's Specification / Personalised, therefore the cancellation rights remain.