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Legal matters

A little advice please... Can i cancel a DFS sofa order?

9 replies

anglofrenchie · 08/01/2013 00:50

Here we go.
Three days ago DH and i went to our local DFS showroom to browse. We soon got 'hooked up' Wink with a pushy salesman... i asked to see a sofa i had seen on their online site. Salesman said the model wasn't here on show in the store and took us to their instore computer to 'show us ' the sofa. He then walked us to a sofa and said the one we liked was very much like this one....etc. I wasn't sure but he kept pushing and eventually we ordered a 3 seater sofa in the model that we saw online.
Now having thought about it some more i 'm still not sure that this was the right sofa for us. I wished i had back off when he said it wasn't here in the showroom.

Nothing about cancellation was mentioned on the paperwork other than 'this order is a legally binding contract'.
However on the DFS online terms and conditions it sates: "Cancellation Policy
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."

Do you think i have a leg to stand on with a cancellation?

Thank you Smile

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AnyaKnowIt · 08/01/2013 00:59

I would say you could cancel it under the distance selling regs. You can cancel until 7 days the day after delivery.

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anglofrenchie · 08/01/2013 01:01

Thanks. That's what i also thought....hoping they will play ball.

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AnyaKnowIt · 08/01/2013 01:04

Have a look on the money saving expert site.

As long as its not made to order then you have a cooling off period. Usually about 14 days iirc.

I would put the cancelation in writing either by email or post (get proof of posting) so you can prove that you have cancelled. Saves your word against theirs.

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Megabyte · 08/01/2013 01:05

But distance selling rules apply when you buy online. You bought in the shop you said? Hmm

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AnyaKnowIt · 08/01/2013 01:06

But the op hasn't seen the sofa, only a picture. So should be covered

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anglofrenchie · 08/01/2013 01:07

Yes we placed the order in the store but we never did see the model that we wanted as it wasn't present in their showroom, we only saw it on the online website.

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prh47bridge · 08/01/2013 11:41

I'm afraid AnyaKnowIt is wrong and Megabyte is correct. You cannot cancel under the Distance Selling Regulations. These regulations only apply where there is no face to face contact between the seller and the consumer at any point in the transaction. In your case there was such contact. The fact that you did not see the sofa you were ordering is irrelevant.

DFS online terms and conditions are related to ordering goods through their website. They do not apply to orders placed in a showroom. What they are saying, correctly, is that if you see something in their showroom then order it online you are not covered by the Distance Selling Regulations.

If you order something in a showroom the Distance Selling Regulations do not apply regardless of whether or not you have physically seen the goods.

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anglofrenchie · 08/01/2013 12:05

Of dear... I just had a closer at the distance selling regs FAQs on lawdonut site. And i saw the bit about face to face contact so i guess i won't be able to cancel. Sad

It's kind of weird how DFS seems to be exempt from the usual consumer rights 'to change your mind' policy (not sure what the proper term is). Most places these days let you cancel or return things without too much hassle.

Now i just hope i do like that sofa when it arrives.... Hmm

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prh47bridge · 08/01/2013 13:23

Whilst some shops (notably M&S) allow you to return goods if you change your mind many do not. They are under no obligation to do so. You have the right to reject faulty goods but there is no right to change your mind when buying from a shop.

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