DFS

Alirara

Purchased two sofa from DFS in Nov last year (4k)... due a few days ago. Got a phone call today, to inform me that the firm who were 'building' them has gone into receivership.... ''..good news another firm that DFS uses can start building them and they will be ready in May''...I wasn't happy. Oh, and we might consider 10% discount once the sofas are delivered and in place. I'm inclined to cancel and go elsewhere ... the discount seemed a little last minute and came across as having caveats? I have already parted with a £500 deposit...could anyone advise where I stand in relation to this matter. Thank you 

Grumpy_chap

Alirara said:

Purchased two sofa from DFS in Nov last year (4k)... due a few days ago. Got a phone call today, to inform me that the firm who were 'building' them has gone into receivership.... ''..good news another firm that DFS uses can start building them and they will be ready in May''...I wasn't happy. Oh, and we might consider 10% discount once the sofas are delivered and in place. I'm inclined to cancel and go elsewhere ... the discount seemed a little last minute and came across as having caveats? I have already parted with a £500 deposit...could anyone advise where I stand in relation to this matter. Thank you 

If you cancel and go elsewhere, have you chosen the alternative sofa? 
How long will the alternative sofa take to arrive? 
Will you forever say that the alternative sofa was your second-choice?

If you can "bag" the 10% discount and take the sofa in May, that might be a prudent option - use the £400 to pay for a weekend away to celebrate.  This is an annoying event when it happens but it does seem to be the result of events entirely outside the control of DFS.

Alderbank

Did you view or sign up for them in a DFS store, or was your transaction entirely online?

If online you can cancel and get your deposit back.

Otherwise, you just have to wait. If you only ordered in November, when did you expect delivery? It can't have been long before May and could well have turned out to be longer than expected because of Covid, shipping delays, etc.

It's almost February now. If you cancel and go somewhere else you would be doing well to get two £4,000 sofas made and delivered before May.

Alirara

Went into store (1st November 2021) and ordered with an estimated delivery date of 25th Jan (already passed)... Sofas aren't yet started to be build because of the company going into receivership...this company is based in the UK .. so no red tape, shipping or travel restrictions. They, DFS have broken their contract with me, not me with them and what about the 10% off 'AFTER' the sofa's have been delivered and in situ ..is that a worry?... 7 months between ordering and possibly receiving them ...May is only an estimated date

Alderbank

Alirara said:

Went into store (1st November 2021) and ordered with an estimated delivery date...
They, DFS have broken their contract with me.
what about the 10% off 'AFTER' the sofa's have been delivered and in situ ..is that a worry?

Thanks for your reply.
 The contract between you and DFS says:

Every effort is made to see that the original approximate delivery date is accurate, but on occasion the manufacture or delivery of your furniture may be delayed due to circumstances beyond our control, including but not limited to an Event Outside Our Control, and we cannot accept responsibility in this respect. 

One of their suppliers going into receivership is clearly an event outside their control but they are saying they have successfully arranged for another manufacturer to make your sofas.
In what way have they broken their contract with you?

The contract also says that you can cancel the contract before delivery but 'you will have to contribute towards our costs which we have already incurred by preparing your Order. We will refund any money paid for Products not provided deducting a reasonable contribution towards the costs already incurred by us.'
This is in accord with your statutory Consumer Rights. Since they have not started to make your sofas yet this might be the route to go down if you have decided you no longer want those sofas.

I can't make any comment about that 10% off. It is nothing to do with your consumer rights. I don't think it is a worry - I would just regard it as a bonus if it ever appears!

sheramber

The company may have been in UK but supplies would come from overseas. At one point there was a shortage of wood for any purpose. 

There was also a shortage of foam which affected many furniture suppliers.

Concentrate on what you want to happen now.

1 Do you wait for estimated May delivery and get a goodwill discount?

2 Do you wait but try negotiate a bigger goodwill discount?

3 Ask to cancel and go elsewhere - have you enquired elsewhere on how ling delivery would be. It may be as long or longer than May.?

Alirara

sheramber,

Thank you for your reply ...people are very helpful, practical and kind.... I really appreciate that. I suppose that apart from my consumer rights ... could I cancel if I needed to and if so what (if any) are the penalties and secondly what options are open to me....all my questions were answered. 

I am, by nature, a person of principal (you promised to deliver but have let me down,type) and hate being messed about....I argued in my head that £4k was being spent here...... but the point that you make about about the possibility of material having to come from abroad wasn't ever considered by me and has made me think more.... I saw it as simply, the sofa was due three few days before I received the phone call, which implied that work had not even started on them.....Why had they not been started on, or at least in the latter stages of completion and when had DFS become aware of any issues? I suppose what it comes down to is how badly do I want those particular sofas and whether I am prepared to accept the DFS explanation and whether going elsewhere won't necessarily make things any better. These I will need to ponder upon.

I thank you (and those others that kindly replied) for taking the time to offer up such sound advice. Thank you. once again.

Brie

I think that building a sofa actually takes very little time.  So a company may not need to start more than (a guess) a week before delivery is due assuming they have all the makings and staff to do the work. The delay from Nov to now would have been time they were (presumably) busy making other people's sofas, not just twiddling their thumbs.  So quite conceivable that DFS was seeing them fulfill other orders until very recently.  Add a layer of secrecy from the manufacturer and denial of any issues (and outright lies) and DFS would have had a bombshell drop.  So not their fault very likely.

All that said....I would want a guarantee that the new manufacturer was going to be building the exact items that you ordered.  Same quality in materials and construction, same colour, same fabric etc.  You are being asked to accept something that you haven't even seen in their showroom so are being offered 10% to trust them implicitly.  I would be wanting DFS to guarantee in writing that should the item fail to meet your expectations in any way that you could at that point return them for a full refund, including any delivery charges along with suitable compensation for their failure to provide the items they promised.  

Alirara

I spoke to the manager who was dealing with my case and got a guarantee (of sorts) about the quality and possible delivery dates ... quality will be the same standard etc and delivery early May but hopefully nearer the beginning of April especially as your order has been given high priority.... agree to go ahead with the order. Fast forward today .... received an e-,mail that said ... thank you for your order received today 22nd Feb 2022 (almost three weeks after we confirmed the order).... your estimated delivery date will be the 6/6/22. I will be speaking with the Manager of our local DHS (tomorrow) and asking him for an update of why we are, and what is happening... I will post updates on the situation when I know more. Starting to lose faith in the company to be honest.... they also sent me a survey form to comment on their services and it starts ...thank you for your recent order!!  

the_lunatic_is_in_my_head

OP the below covers this, so they gave you a timeframe, failed to meet it, you agreed another which they are now saying they will also fail to meet so you can treat the contract at an end. Their terms about times not being guaranteed doesn't over rule your consumer rights. 

Problem is that leaves you without a sofa, perhaps mentioning you are entitled to treat the contract at and end and suggesting a comprise on price might see that 10% discount offered with better certainty. 

https://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(2)Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.