Cancelling a DFS sofa
Discussion
First off, sorry for this thread. I am ashamed to even have to write it. Secondly, I am after advice about the current situation, not opinions on DFS sofas or anything similar 
.
Short version of the story is I put an offer on a flat, was promised I'd be in by end of March, things were looking good so in the middle of March I bought two sofas (over the phone, on finance) from DFS - I now fully appreciate never to buy something like sofas until I am actually in the flat, and never to buy from DFS - lesson learnt!!
Fast foward to yesterday and the flat sale finally falls through (the whole process was a nightmare, went on so long even the mortgage offer ran out, I had my reasons for waiting). I now get a call from DFS stating my sofa has been delivered to the store and they are ready to deliver it to me, only problem being I am now staying in a B&B and have no need for the sofa. I told them this and they respons with 'tough', which I understand what with their T&Cs etc, so I asked if they could not sell it in their store and charge me a fee? No, that's not an option, in fact being helpful in any way is not an option.
Do I have an options in terms of cancelling it or rejecting it? The only things I can think (and I am clutching at straws here) is they promised it would be delievered in 12 weeks, this is week 14 and they have spelt my name wrong on the order form.
If there is nothing I can do then I will take it on the chin and have to put in to storage until I can sell it on and take the loss, however I would rather not do this. Do I have any other options?
.Short version of the story is I put an offer on a flat, was promised I'd be in by end of March, things were looking good so in the middle of March I bought two sofas (over the phone, on finance) from DFS - I now fully appreciate never to buy something like sofas until I am actually in the flat, and never to buy from DFS - lesson learnt!!
Fast foward to yesterday and the flat sale finally falls through (the whole process was a nightmare, went on so long even the mortgage offer ran out, I had my reasons for waiting). I now get a call from DFS stating my sofa has been delivered to the store and they are ready to deliver it to me, only problem being I am now staying in a B&B and have no need for the sofa. I told them this and they respons with 'tough', which I understand what with their T&Cs etc, so I asked if they could not sell it in their store and charge me a fee? No, that's not an option, in fact being helpful in any way is not an option.
Do I have an options in terms of cancelling it or rejecting it? The only things I can think (and I am clutching at straws here) is they promised it would be delievered in 12 weeks, this is week 14 and they have spelt my name wrong on the order form.
If there is nothing I can do then I will take it on the chin and have to put in to storage until I can sell it on and take the loss, however I would rather not do this. Do I have any other options?
Buggles said:
If I were you, I'd try my hardest to get them to hold the sofa in their shop until such time as you are ready to accept it.
You've entered into a contract with them, and now because it doesn't suit you, you want out. Not sure you have, or should have a leg to stand on.
I feel for you, because you are in a s
tty situation, but they've done nothing wrong and now you are trying to get out of your obligations.
Edited to add, you were told you would be in the flat end of March, it's now June? At any point have you phoned DFS to let them know there might be a snag or is this the first they have been told about it?
Thia is the first they have been been told as I did not know what store it was being delivered into and head office could not help. You've entered into a contract with them, and now because it doesn't suit you, you want out. Not sure you have, or should have a leg to stand on.
I feel for you, because you are in a s
tty situation, but they've done nothing wrong and now you are trying to get out of your obligations. Edited to add, you were told you would be in the flat end of March, it's now June? At any point have you phoned DFS to let them know there might be a snag or is this the first they have been told about it?
Edited by Buggles on Tuesday 12th June 10:27
I know they have done nothing wrong, and I would still take the sofa if I was in the flat. Having beeing reading similar stories online, it would seem my best bet is the fact they promise delivery within 12 weeks and have failed to deliver although I seem to remember they put a clause in the contract to cover themselves.
Anyone want a 'top quality' pair of sofas
?!hornetrider said:
ali4390 said:
hornetrider said:
Distance selling regs perhaps?!
Not applicable as it has been custom built to my specification apparently.
They may insist on delivering the goods and then you'll have to reject them and may have to arrange return (or perhpas you could refuse delivery?). If you do that, then don't be as tardy getting this done as you have been so far.
http://www.oft.gov.uk/shared_oft/business_leaflets...
I take it you're not planning to live in a B&B forever? Maybe you could source somewhere suitable to store them until you do get your own place?
I would imagine DFS have clauses covering reasonable delays in availability, not to mention I'd imagine you've given the store chapter and verse about why you really want to cancel. If the sofas had been ready to deliver at 12 weeks, would that have changed things? I doubt it would and, even it it did, I doubt it'd make the difference you'd like it to.
Worst case is Ebay/advert in the local press and someone gets a discounted sofa.
I would imagine DFS have clauses covering reasonable delays in availability, not to mention I'd imagine you've given the store chapter and verse about why you really want to cancel. If the sofas had been ready to deliver at 12 weeks, would that have changed things? I doubt it would and, even it it did, I doubt it'd make the difference you'd like it to.
Worst case is Ebay/advert in the local press and someone gets a discounted sofa.
Not sure if it helps, or indeed the answer your after, however i've just recently baught 2 sofas, not from DFS but furniture village, we did shop around and all we're stating similar things, We, like you we're worried... what happens if things fall through, and what they said was if, and only if the house fell through we would get a full refund, including deposit. (have to show proof from solicitors)
Check to see if DFS do the same,
Check to see if DFS do the same,
Deva Link said:
DSR can still apply if things like colour and fabric were selected from a range of standard options. Custom built only applies if the item is truely unique.
They may insist on delivering the goods and then you'll have to reject them and may have to arrange return (or perhpas you could refuse delivery?). If you do that, then don't be as tardy getting this done as you have been so far.
http://www.oft.gov.uk/shared_oft/business_leaflets...
From DFS website:They may insist on delivering the goods and then you'll have to reject them and may have to arrange return (or perhpas you could refuse delivery?). If you do that, then don't be as tardy getting this done as you have been so far.
http://www.oft.gov.uk/shared_oft/business_leaflets...
'Distance selling regulations only apply to your order if the goods have not been custom made to your specification or if you have not examined the product in one of our showrooms. If the Distance Selling Regulations do apply you can cancel your furniture by notifying us, in writing, before delivery or within 7 working days beginning with the day after the date of delivery.'
As you mention, my good are not custom built as it were, they are standard size, standard colours etc. And as I ordered over the phone and not in store I have not examined the sofa beforehand.
ali4390 said:
If there is nothing I can do then I will take it on the chin and have to put in to storage until I can sell it on and take the loss, however I would rather not do this. Do I have any other options?
Have you paid for it?You have the option of choosing to breach the contract. Should you do that, legally speaking, to ask for any payment from you they would have to demonstrate their losses and look to mitigate their losses.
So, for example, if they put it in the showroom and it went for full price their losses are zero - if they gave £100 off to get rid, then these are their losses.
JustinP1 said:
Have you paid for it?
You have the option of choosing to breach the contract. Should you do that, legally speaking, to ask for any payment from you they would have to demonstrate their losses and look to mitigate their losses.
So, for example, if they put it in the showroom and it went for full price their losses are zero - if they gave £100 off to get rid, then these are their losses.
I haven't paid for it no as it's on a 2.5 year finance deal that starts when it has been delivered. I haven't paid a penny for it yet.You have the option of choosing to breach the contract. Should you do that, legally speaking, to ask for any payment from you they would have to demonstrate their losses and look to mitigate their losses.
So, for example, if they put it in the showroom and it went for full price their losses are zero - if they gave £100 off to get rid, then these are their losses.
The Distance Selling Regs will not give you a right to cancel if the sofa was made to your specifications, but simply ordering a catalogue item would not, in my view, bring that exemption (in Reg 13) into play.
The advice above about the seller's duty to mitigate loss is correct.
You may have a difficulty if you have a separate credit agreement, but my provisional view (IAAL but IANYL) is that the Distance Selling Regs may be your exit plan here.
The advice above about the seller's duty to mitigate loss is correct.
You may have a difficulty if you have a separate credit agreement, but my provisional view (IAAL but IANYL) is that the Distance Selling Regs may be your exit plan here.
Wacky Racer said:
DFS always get a pasting on here but (imo) their stuff is OK, bought from them twice and been 100% satisfied.
To the OP:- Legally I suspect you may be up stcreek without a paddle.....
Good luck though.
ps:-
DFS sale ends 5pm Sunday!
I've kinda got agree with you on that font. We purchased a large sofa and arm chair from them last year and are very happy with them. Extremely good quality and oh so comfy. 4yrs interest-free is also a nice bonus.To the OP:- Legally I suspect you may be up s
tcreek without a paddle.....Good luck though.
ps:-
DFS sale ends 5pm Sunday!Breadvan72 said:
The Distance Selling Regs will not give you a right to cancel if the sofa was made to your specifications, but simply ordering a catalogue item would not, in my view, bring that exemption (in Reg 13) into play.
The advice above about the seller's duty to mitigate loss is correct.
You may have a difficulty if you have a separate credit agreement, but my provisional view (IAAL but IANYL) is that the Distance Selling Regs may be your exit plan here.
That's whay I am thinking although obviously IANAL.The advice above about the seller's duty to mitigate loss is correct.
You may have a difficulty if you have a separate credit agreement, but my provisional view (IAAL but IANYL) is that the Distance Selling Regs may be your exit plan here.
I just spoke to CAB and they advised that it is custom built and therefore DSR will not apply, and it is up to me to prove that it is not custom built.
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