Can I cancel SCS sofa for a very late delivery

powerful_Rogue

Woppy101 said:

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 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.

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 under 

5.1 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 invoice 

Did 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.

Can I say in the letter I want it delivered within a week of the 3rd of march? That would make it 6 weeks later than the initial 15week lead time?

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 feb 

I’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.

Email it is then 

Let us know how you get on and what they reply with.

Woppy101

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:

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 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.

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 under 

5.1 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 invoice 

Did 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.

Can I say in the letter I want it delivered within a week of the 3rd of march? That would make it 6 weeks later than the initial 15week lead time?

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 feb 

I’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.

Email it is then 

Let us know how you get on and what they reply with.

Will do, this is the email I sent

On the 14/10/21 I ordered the following: Venus4 3 seater sofa and Venus4 single chair and was given a lead time of 15 weeks with delivery on the 28/01/22, I have not yet received the goods and have been given a new estimate for delivery of the 02/03/22, this is unacceptable and is 5 weeks past your own estimate for delivery on the 28/01/22.

I am now making time of the essence for you to deliver the goods, it’s Essential that these goods are delivered by the 09/03/22, otherwise I shall hold you to be in breach of contract and seek cancellation and a full refund.

Yours faithfully 

powerful_Rogue

Woppy101 said:

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:

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 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.

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 under 

5.1 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 invoice 

Did 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.

Can I say in the letter I want it delivered within a week of the 3rd of march? That would make it 6 weeks later than the initial 15week lead time?

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 feb 

I’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.

Email it is then 

Let us know how you get on and what they reply with.

Will do, this is the email I sent

On the 14/10/21 I ordered the following: Venus4 3 seater sofa and Venus4 single chair and was given a lead time of 15 weeks with delivery on the 28/01/22, I have not yet received the goods and have been given a new estimate for delivery of the 02/03/22, this is unacceptable and is 5 weeks past your own estimate for delivery on the 28/01/22.

I am now making time of the essence for you to deliver the goods, it’s Essential that these goods are delivered by the 09/03/22, otherwise I shall hold you to be in breach of contract and seek cancellation and a full refund.

Yours faithfully 

Sounds spot on!

elsien

Just checking you realise that there is an issue generally with furniture supply chains? If you cancel you’re likely to get long waits elsewhere as well. 

Woppy101

Yep I’m fully aware of the wait, I’m happy to keep my current sofa for now 

Korkyb

I agree with elsien.

We've been waiting since August to get a sofa (Informed yesterday that sofa now been handed to courier but don't have a fixed delivery date yet).

At the time you were given your estimate of delivery Omicron wasn't kicking about & is likely to have had an impact on manufacturing times.

Having said that its certainly worth going down the route you have so you have the option to cancel if there are further delays.

Woppy101

They have replied to the email with some gobbledygook about they will always endeavour to get an item delivered within 7 days once they receive it. I take it now they have replied to the email I sent, that’s enough of an acknowledgement for justification to cancel if they try and delay again?