15 week delivery

tina1888

Hi everyone... we ordered furniture from John Lewis and at the time of ordering we were told delivery would be within 15 weeks... we are now at that time and have called customer service twice to be told they are sorry but its the fault of supplier.  I have said to them my contract was with you.. so they are getting someone to call me back. Any advice on how to proceed? They want us to wait another 4 weeks for delivery...

Ayr_Rage

What does the contract say regarding delivery times ?

Do you still want the furniture ?

pinkshoes

They usually state that the time period for delivery is an estimate.

4 weeks on top of the 15 weeks isn't horrendous, and what are the chances of you getting something else within those 4 weeks.

Personally I'd just wait the 4 weeks then if it still hasn't arrived, cancel.

cymruchris

It's an inconvenience, but yes, it was an estimate rather than a guarantee. Your options are likely to hang on until delivery, or look at the small print in terms of cancellation. You liked the furniture enough to order it and wait for it - give them their 4 weeks longer, and at that stage if still not fulfilled you'd likely have more of a basis for a complaint.

sheramber

What do you want to happen as they cannot deliver what they do not have.

Manxman_in_exile

Depends what you want to do...

See s28 of the Consumer Rights Act 2015 (legislation.gov.uk)

"28  Delivery of goods

(1) This section applies to any sales contract...

(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...

(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..."

Either you agreed a time or period for delivery or you did not.

If you did agree a time, presumably it was after 15 weeks, in which case after 15 weeks have passed you can specify a period for delivery that is appropriate in the circumstances.  When that period has passed you can treat the contrcat as at an end and you are entitled to a full refund.

If you didn't agree a time for delivery when you entered into the contract, then after 30 days you can specify a period for delivery that is appropriate in the circumstances.  When that period has passed you can treat the contrcat as at an end and you are entitled to a full refund.

So if you want to treat the contrcat as at an end and get a full refund it depends on (a) whether the agreed time for delivery or 30 days has passed (b) when the T&Cs say a contrcat is entered into* and (c) what, in the circumstances, would constitute an appropriate time to specify delivery after (a) has happened.

the_lunatic_is_in_my_head

Manxman_in_exile said:

when the T&Cs say a contrcat is entered into* 

This is a good point, if a contract is formed upon dispatch you can simply withdraw your offer at any time.

Alternatively if a contract has been formed but you ordered at a distance (online, telephone) you can cancel any time from when the contract was formed. 

However if you want the goods, other than asking for goodwill for the delay, there's not much that can be done about the delivery time