Right to cancel overdue furniture?

shoppingnoodles · 19 July 2019 at 9:35PM

Hello!

I would greatly welcome any advice you lovely MSEers can give. 14 weeks ago we ordered 2 sofas from Harveys. Our paperwork said the lead time was 12 weeks (instore they said their computer suggested 10 weeks) and that they should advise in advance of any delays.

We hadn't heard anything so called Harveys CS 4 days ago. The operator said "They are in the warehouse.....no...hang on....I'll phone you back within 72 hours". They phoned on Thursday and said that the sofas had not left the factory in Italy yet and no delivery date was available. We called today and they put us on hold after telling us that even if the sofas left Italy today which was unlikely, we would not get them before 9th August. They then managed to cut us off after we waited on hold for ages!

We want to cancel the order and the interest free credit finance agreement and be refunded our deposit (made on a credit card) as it is clear we won't be getting them anytime soon. Can anyone advise us of our rights to cancel and how to go about it please?

Thanks in advance!

unholyangel · 19 July 2019 at 11:53PM

Unless you initially told them (before entering the contract) that delivery at 12 weeks was essential, then you'd have to give them a further opportunity to deliver before you can treat the contract as at an end.

(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.

libra10 · 20 July 2019 at 3:47PM

You could also trying contacting them through one of their social media accounts.

Facebook
https://www.facebook.com/harveysfurniture/

Twitter
https://twitter.com/search?q=harveys%20furniture&src=typed_query

Some of the posts on their Twitter feed are full of complaints.

lincroft1710 · 20 July 2019 at 3:58PM

There used to be a Harvey's rep who posted on these boards, but he hasn't been around for some time.

libra10 · 22 July 2019 at 7:19AM

Just wondering, as you paid the deposit by credit card, whether Section 75 might apply.

Might be worth contacting your credit card supplier.

Good luck!

Right to cancel overdue furniture?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free