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Can I cancel SCS sofa for a very late delivery

Woppy101
Posts: 20 Forumite

Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?
Delivery Lead Times
We will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.
5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:
We have refused to deliver the Products;
Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); or
You told us before we accepted your Order that delivery within the delivery deadline was essential.
5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.
5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
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Comments
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Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?
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powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoice0 -
Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,
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powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
i have only ever bought 2 new sofas before and they were both delivered within 8 weeks
where do I go from here?0 -
Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.
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powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.0 -
Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.
I think that would be more then acceptable. They have given you a revised date of the 3rd March, you are allowing them an extra week. Just make sure you get this in writing and use the 'It's essential that these goods are delivered before the 10th March' in your correspondence.
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powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.
I think that would be more then acceptable. They have given you a revised date of the 3rd March, you are allowing them an extra week. Just make sure you get this in writing and use the 'It's essential that these goods are delivered before the 10th March' in your correspondence.It’s the 3rd revised date, the first was the 14th of feb and then the 28th of febI’m going to use this letter template, would it be better to post it or deliver it by hand to the store (or both)
https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-goods-or-services/letter-to-make-time-of-the-essence-goods/
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Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.
I think that would be more then acceptable. They have given you a revised date of the 3rd March, you are allowing them an extra week. Just make sure you get this in writing and use the 'It's essential that these goods are delivered before the 10th March' in your correspondence.It’s the 3rd revised date, the first was the 14th of feb and then the 28th of febI’m going to use this letter template, would it be better to post it or deliver it by hand to the store (or both)
https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-goods-or-services/letter-to-make-time-of-the-essence-goods/
Email would be just as good and likely dealt with more quickly then a physial letter. Of course, you could do both. Personlly if it was me I would go the email route.
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powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:powerful_Rogue said:Woppy101 said:Hi guys and girls just a quick question,
I ordered a sofa from SCS on the 15th of October, originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January, so the guy put on the invoice “Estimated Arrival to Retailer: 28/01/2022 Earliest Take Date: 28/01/2022“ a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January, I have now spoke to them to make sure everything is in order and I’m now being told that the estimated delivery date is now the 3rd of march at the earliest 5 weeks after their delivery date, I have told them that it is unacceptable and wish to cancel, they are telling me I can’t cancel even though it says in there T&C
where do I stand?Delivery Lead TimesWe will tell you of the delivery lead time (in weeks). All lead times are approximate only and delivery may vary by up to 4 weeks (earlier or later) than the lead time given. The delivery lead time is on the Order. We will only take your Order if you agree to the delivery lead time and its approximate nature.5.1. If we do not deliver your Products within the estimated lead time plus 4 weeks (the “Delivery Period”) then you may cancel your Order in the following circumstances:We have refused to deliver the Products;Delivery within the Delivery Period was essential (taking into account all the relevant circumstances); orYou told us before we accepted your Order that delivery within the delivery deadline was essential.5.2. If we have not delivered your Products within the Delivery Period but none of those circumstances apply, you may call us to specify an appropriate further delivery period. You may cancel your Order if we do not deliver within that period.5.3. If you cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would materially impair their value or character. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
Which part of the T&C's do you meet to cancel the order?The estimated delivery is now 5 weeks past the date on the invoice and I should be able to cancel under5.1 as I told the sales guy I needed it by the end of January which is why he put the 28th of January on the sales invoiceDid they note that on your contract, as that's not what you said above.a 15 week lead time which I was happy with as I thought I would be guarantee to get it after 15 weeks and would at least be in January,First sentence“ originally the guy said I wouldn’t get it before Xmas and I told him that was fine as long as I had the sofa by the end of January”
no I didn't think it needed to be on the invoice it didn’t occur to me either as I thought I was giving such a long lead time
where do I go from here?This is the important part that needs to be noted on your contract, otherwise it's a case of he said/she said.You told us before we accepted your Order that delivery within the delivery deadline was essential.5.2 is your next step - Give them a delivery period, make sure it's in written form.
I think that would be more then acceptable. They have given you a revised date of the 3rd March, you are allowing them an extra week. Just make sure you get this in writing and use the 'It's essential that these goods are delivered before the 10th March' in your correspondence.It’s the 3rd revised date, the first was the 14th of feb and then the 28th of febI’m going to use this letter template, would it be better to post it or deliver it by hand to the store (or both)
https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-goods-or-services/letter-to-make-time-of-the-essence-goods/
Email would be just as good and likely dealt with more quickly then a physial letter. Of course, you could do both. Personlly if it was me I would go the email route.1
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