Dfs

Rubberduck54

DFS tried to deliver my sofa it would not fit up the stairs ?? I diligently took measurements and was assured it would fit , i revisited dfs and complained, it took 2 wks and a formal letter to get a response, I reselected another sofa as I felt I had no other option as asking for a refund fell on deaf ears !! 

Since ordering my reselect they have now invoiced me £185 for the privilege of doing so and another £100 delivery we have exchanged several e mails stating they had informed me if the extra charges ? When did I have that conversation you say all conversations are recorded ???? I’ve asked for a full refund No reply I’ve asked several times and still falling on deaf ears !!!! I’ve no furniture to rest in I’ve been without for 6 wks whilst trying to come to a satisfactory conclusion as I’m sure I’m within my rights to cancel can anyone help 

eskbanker

Rubberduck54 said:

I’m sure I’m within my rights to cancel

What led you to this conclusion - are you invoking contract cancellation regulations or the Ts & Cs of your contract with DFS?  Was the purchase made remotely, such as online, or in store?

Rubberduck54

In store with cash invoking contract cancellation dfs state 90 days 

eskbanker

Rubberduck54 said:

In store with cash invoking contract cancellation dfs state 90 days 

From a quick look on their website I can only see the Ts & Cs applicable to online purchases rather than in-store ones, but it would be unusual to have the right to a full refund for up to 90 days, which would be significantly beyond your legal consumer rights, especially if delivery has already been attempted, which incurs costs.  Are you able to link to (or quote) the relevant clause?

powerful_Rogue

Rubberduck54 said:

In store with cash invoking contract cancellation dfs state 90 days 

Was the sofa in a sale? Seems highly likely being DFS.

Alderbank

eskbanker said:

Rubberduck54 said:

In store with cash invoking contract cancellation dfs state 90 days 

From a quick look on their website I can only see the Ts & Cs applicable to online purchases rather than in-store ones, but it would be unusual to have the right to a full refund for up to 90 days, which would be significantly beyond your legal consumer rights, especially if delivery has already been attempted, which incurs costs.  Are you able to link to (or quote) the relevant clause?

Their standard T&Cs for in-store purchase are as follows:

iv) Purchases made in-store or where you have inspected the Product prior to purchase.

If the Cooling Off Period applies and you wish to cancel please contact us in writing as soon as possible. If you are exercising your right under this clause you must arrange for the return of the Products to us showing no evidence of use within 14 days of you telling us you wish to cancel the Contract. Whilst the Products are in your possession you must not handle them beyond what is necessary to establish their nature, characteristics and function. It is your responsibility to return any Products to our central delivery point in a good condition and we ask that you return the Products in appropriate packaging such as to prevent damage in transit. DFS recognises that many customers do not have the means to return Products themselves, and so we can arrange collection during normal business hours (Monday to Friday). A charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items.

The OP could of course have been given more favourable terms.

The T&Cs say the dimensions have up to 5cm tolerance which is not very much. If the OP has confirmation that they asked whether the items would fit and were assured they would, that would become part of the contract terms.

'Whether it would fit' can be a grey area however. To a very large extent this depends on the skill, experience and ingenuity of the delivery team

eskbanker

Alderbank said:

eskbanker said:

Rubberduck54 said:

In store with cash invoking contract cancellation dfs state 90 days 

From a quick look on their website I can only see the Ts & Cs applicable to online purchases rather than in-store ones, but it would be unusual to have the right to a full refund for up to 90 days, which would be significantly beyond your legal consumer rights, especially if delivery has already been attempted, which incurs costs.  Are you able to link to (or quote) the relevant clause?

Their standard T&Cs for in-store purchase are as follows:

iv) Purchases made in-store or where you have inspected the Product prior to purchase.

If the Cooling Off Period applies and you wish to cancel please contact us in writing as soon as possible. If you are exercising your right under this clause you must arrange for the return of the Products to us showing no evidence of use within 14 days of you telling us you wish to cancel the Contract. Whilst the Products are in your possession you must not handle them beyond what is necessary to establish their nature, characteristics and function. It is your responsibility to return any Products to our central delivery point in a good condition and we ask that you return the Products in appropriate packaging such as to prevent damage in transit. DFS recognises that many customers do not have the means to return Products themselves, and so we can arrange collection during normal business hours (Monday to Friday). A charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items.

The OP could of course have been given more favourable terms.

That text appears to have been taken from their online Ts & Cs and is immediately preceded by contextual wording that would suggest that there is no cooling off period for in-store purchases, i.e. bullet point (iv) isn't a heading for what follows but the end of a preceding list:

f) Right to cancel - Cooling Off Period. Where you purchased Products* exclusively via our Website or Websales and have not seen them in a store prior to purchase, then you are entitled to change your mind and cancel your Contract up to 14 days after delivery.

You will be entitled to a full refund of the price paid for the Products plus standard delivery costs; however, we are entitled to reduce the amount of any refund to reflect any reduction in the value caused by you or if you have failed to take reasonable care when handling the Products, and express delivery charges above the standard rate will not be refunded.

* Your rights to cancel during the Cooling Off Period excludes:

i) Bespoke items custom made to your specification.

ii) Mattresses which have been unsealed, due to their intimate nature. All mattresses are delivered sealed in clear plastic wrapping that will allow for inspection. Any mattresses that have been unsealed will be deemed as having been used. Therefore they cannot be returned for any reason other than because they are not as described or are not of satisfactory quality.

iii) Self-assembly items that have been damaged during assembly.

iv) Purchases made in-store or where you have inspected the Product prior to purchase.

If the Cooling Off Period applies and you wish to cancel... [but it doesn't apply, based on the above]

However, as above, we'd need to see specifically which terms OP is relying on....

powerful_Rogue

I would presume it's these - https://www.dfs.com/en/samaritaine/return-and-exchange-policy

eskbanker

powerful_Rogue said:

I would presume it's these - https://www.dfs.com/en/samaritaine/return-and-exchange-policy

I would presume not, since that's clearly a different company from the UK cheap furniture retailer!

powerful_Rogue

eskbanker said:

powerful_Rogue said:

I would presume it's these - https://www.dfs.com/en/samaritaine/return-and-exchange-policy

I would presume not, since that's clearly a different company from the UK cheap furniture retailer!

Good point!

sheramber

Rubberduck54 said:

In store with cash invoking contract cancellation dfs state 90 days 

Can you provide a link to that contract or post the contract here so we can see it.