DFS need to cancel and order as advised by my OT at their assessment

spicer76

Hi. I have had to cancel the delivery on a recliner chair I had ordered a few months ago. An OT came out to assess my decline in my mobility and safe transfers from standing from sitting. Because of my rapid decline they have ordered a rise and recliner which is being delivered by NRS. 

Will I get a full refund on the cancellation of the recliner chair that was ordered and paid for because it will no longer be fit for purpose ? I have the OT’s report. 

spicer76

I can’t edit my post. 

I have cancelled my DFS recliner I ordered and paid for a few months ago due to mobility/disability changes. OT assessment and report states my need for a raise and recliner for my needs and safe transfers. 

I was told the store will call me in a few days. Will I get a full refund? 

Grumpy_chap

Was the order with DFS placed in-store or online?

elsien

It is fit for purpose, in that it’s a functioning non-faulty chair but it is no longer fit for you as an individual. That will count as a change of mind under consumer rights , so any rights that you have will depend on how you bought it and the contract formed at the time.

So was it bought in store or online and was it a standard model as opposed to custom made? 

Aylesbury_Duck

If you bought from a store then you need to check your contract.  Consumer rights don't include a statutory change-of-mind cancellation option, no matter what medical evidence is proffered.  If the contract allows you to cancel without charge then DFS has to abode by it if you cancel in accordance with the contract.

If you bought online, you almost certainly have an option to cancel, or to return the chair once it's delivered.  I'm assuming it's a standard model, with the only variables perhaps being your choice of fabric, colour amd style.  If so, that's not true customisation, so not a barrier to a return if it was an online purchase.

spicer76

I’m screwed then. It was an in store purchase with just a colour preference. I am so scared now. The guy on the customer service phone call left me on hold telling me he was trying to get through to someone at the store twice but he said no one was answering where I purchased it from. He cancelled the order himself and said the store will phone me in a couple of days. 

Aylesbury_Duck

spicer76 said:

I’m screwed then. It was an in store purchase with just a colour preference. I am so scared now. The guy on the customer service phone call left me on hold telling me he was trying to get through to someone at the store twice but he said no one was answering where I purchased it from. He cancelled the order himself and said the store will phone me in a couple of days. 

Yes, you don't have a right to cancel without charge.  However, wait and see what happens.  It sounds positive that the customer service guy has apparently cancelled the order.  I don't suppose you've had an email conformation of that, by any chance?

Wait and see what the store says when they call you.  Hopefully it will have all been sorted and you're worrying unnecessarily.

Okell

When you bought it instore you must have been given documentation explaining the terms and conditions of purchase and what rights you might have to cancel the contract.  Possibly on the back of an order form or invoice.

Have you still got those papers and what do they say about cancellation?

soolin

Aylesbury_Duck said:

spicer76 said:

I’m screwed then. It was an in store purchase with just a colour preference. I am so scared now. The guy on the customer service phone call left me on hold telling me he was trying to get through to someone at the store twice but he said no one was answering where I purchased it from. He cancelled the order himself and said the store will phone me in a couple of days. 

Yes, you don't have a right to cancel without charge.  However, wait and see what happens.  It sounds positive that the customer service guy has apparently cancelled the order.  I don't suppose you've had an email conformation of that, by any chance?

Wait and see what the store says when they call you.  Hopefully it will have all been sorted and you're worrying unnecessarily.

I would be worried though that order has been cancelled, but no promise made about a refund. Cancelling is easy, getting a refund not so easy, depending on what the contract says. 

DullGreyGuy

Read to the terms you agreed to... unfortunately it is you that is no longer fit for purpose not the chair. You are almost certainly dependent on their goodwill and so need to learn how to pull on heart strings rather than being combative and talking about FFP/rights unless its more playful pointing out its you that has the problem. 

elsien

From their cancellation policy for instore purchases:

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 €195 will be made to cover the cost of collecting the items. For orders where the delivery charge was more than the standard charge, collection costs will vary and may exceed €195. We may also charge you for any usage of the Product prior to collection by us so you should try not to use the Product whilst it is in your possession.

Cancellation of your Contract where DFS are not at fault and there is no statutory right to change your mind. If you request to cancel your Order before it is completed, 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. If you notify DFS within 48 hours of placing your order we may be able to prevent any costs being incurred with our manufacturing & logistics partners. Cancellations and amendments more than 48 hours after the order is placed could incur a deduction of up to 20% of the price of the Products as a contribution towards the costs already incurred by us

So it really is down to store goodwill and being very nice to them while explaining that the change of mind is due to your medical issues, in the hope that they waive any deduction. Which depending on how far through the process your delivery was, they may still be in a position to do.