Cancelling furniture order

Hi everyone, I don’t know if you can help me, but I’ve got a question basically we bought a couple of furnitures from a store which they build in Turkey and then sent to the UK, after about two or three days we asked to cancel the order because we couldn’t wait about three months for them to send it and found one elsewhere and they delivered it straight away. They told us because the order has been processed. They cannot cancel it or refund us. I just wanted to check. Do I have any legal basis or will I win if I make a small claims court claim
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Comments

  • Voyager2002
    Voyager2002 Posts: 16,060 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You may be protected by the Distance Selling Regulations, but not if the furniture was specially adapted for you. 
  • Denny54
    Denny54 Posts: 118 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    You may be protected by the Distance Selling Regulations, but not if the furniture was specially adapted for you. 

    Its not specially adapted for me, They showed us the models they have and we picked what we liked.
  • pinkshoes
    pinkshoes Posts: 20,498 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Denny54 said:
    You may be protected by the Distance Selling Regulations, but not if the furniture was specially adapted for you. 

    Its not specially adapted for me, They showed us the models they have and we picked what we liked.
    As you bought it in a store distance selling doesn't apply. You have no rights to cancel shop bought items unless they are faulty upon arrival.

    It will depend entirely upon the shops own good will gesture or cancellation policy.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • powerful_Rogue
    powerful_Rogue Posts: 8,258 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Denny54 said:
    You may be protected by the Distance Selling Regulations, but not if the furniture was specially adapted for you. 

    Its not specially adapted for me, They showed us the models they have and we picked what we liked.

    Did you order instore?
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,421 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds like an in store order.  You tried a display model and then ordered, yes?

    If so, then although you have a right to cancel, you're not entitled to a full refund unless their policy says so, or unless...

    ...you specified it had to be delivered by a certain date, and only after you placed the order did they tell you it would take much longer.  Is that the case?
  • Denny54
    Denny54 Posts: 118 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    We went into the store yes but the model we ordered was not in the showroom and we did not see it at all we only saw a picture of it on their website which they showed us in store.
    They told us from the start all orders placed if they are not in store will take roughly 3 months.
  • cymruchris
    cymruchris Posts: 5,557 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Denny54 said:
    We went into the store yes but the model we ordered was not in the showroom and we did not see it at all we only saw a picture of it on their website which they showed us in store.
    They told us from the start all orders placed if they are not in store will take roughly 3 months.

    If they told you from the start that it would take 3 months - what made you say 'Yes we want them' and order them - and then go and order some from someone else?

    Realistically in your time frame they probably haven't even started making your order yet - but all the same, you went into the store - spoke to the staff - they told you 3 months, and you ordered. Unless they have a specific cancellation policy, then you'll have more furniture turning up in 3 months.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,421 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Denny54 said:
    We went into the store yes but the model we ordered was not in the showroom and we did not see it at all we only saw a picture of it on their website which they showed us in store.
    They told us from the start all orders placed if they are not in store will take roughly 3 months.
    I'm not sure whether or not this counts as a distance sale.  It's not like Argos, where although the goods aren't freely available to see/try, you have the ability to ask to see/try something in store.  You may have a get-out here, but I'll defer to others for their view.

    Like others though, I find it odd that you ordered knowing it would take three months, then went and bought somewhere else to get them sooner.  Why didn't you speak to the first store before buying elsewhere?  You may be lucky and have a way out of this, but you may not. 

    Can you cancel the second order if you ordered it online and it's arrived within the last two weeks? That's another option.
  • Denny54 said:
    Hi everyone, I don’t know if you can help me, but I’ve got a question basically we bought a couple of furnitures from a store which they build in Turkey and then sent to the UK, after about two or three days we asked to cancel the order because we couldn’t wait about three months for them to send it and found one elsewhere and they delivered it straight away. They told us because the order has been processed. They cannot cancel it or refund us. I just wanted to check. Do I have any legal basis or will I win if I make a small claims court claim

    From what you have written - neither.
    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


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