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DFS refuse to cancel order

(70 Posts)
FairytaleOfLancashire Wed 16-Dec-20 12:38:58

I ordered 2 sofas, panicked when I got home and called to cancel the next day. Lady said I had til delivery to cancel and not to panic, so I said I'd take the weekend to chat with DP and decide. Monday I rang and was told I could NOT cancel and I'd been told this when signing (I absolutely wasn't, all terms and conditions were emailed, she didn't say it was uncancellable)

After LOADS of stressful calls they finally agreed to cancel the order, and advised me to pop down to see what I'd like instead.
Great.

I haven't been down. The shine has gone off new sofa shopping, and DFS were so horrible and caused so much stress I don't want to shop there again.

Just had a phone call telling me if I don't order something before January they wil reinstate the original order and make 2 sofas they know I don't want.
The paperwork only says "this is a legally binding contract", it doesn't say I have no right to cancel.
Can they MAKE me buy a sofa?
TIA

OP’s posts: |
Lougle Wed 16-Dec-20 12:43:08

"Consumer Contract 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 Consumer Contract Regulations do apply you can cancel your furniture by notifying us, in writing, before delivery or within 14 working days beginning with the day after the date of delivery."

Did you go into the store to order?

Clymene Wed 16-Dec-20 12:47:06

"this is a legally binding contract", it doesn't say I have no right to cancel.

That's what legally binding means.

dementedpixie Wed 16-Dec-20 12:47:20

Sounds like they were ordered instore if she got buyers remorse when she got home. Those regulation therefore wouldn't apply

dementedpixie Wed 16-Dec-20 12:49:00

You have legally agreed to buy the sofas. If you agreed instore then they don't have to refund you if you change your mind

Principessa2070 Wed 16-Dec-20 12:49:45

You can refuse delivery. What are they going to do, break in and put them in your living room?!

Definitely contact CAB to check what your rights are.

dementedpixie Wed 16-Dec-20 12:51:42

She can refuse delivery but she would still have to pay for them

helloxhristmas Wed 16-Dec-20 12:52:53

You have agreed to buy them, that is a legally binding contract

Lougle Wed 16-Dec-20 12:53:58

Unfortunately, there's no right to a refund if you just change your mind. It's just something that retailers offer as a goodwill gesture.

Bluntness100 Wed 16-Dec-20 12:55:43

Legally binding means you have to comply with the contractual terms.

DFs give you the contract to review electronically on a hand held device or computer, there is no way you didn’t see it before signing. You didn’t sign something blank.

Even if you refuse delivery you’re still financially liable. You need to either pick something else or take what you bought.

Bluntness100 Wed 16-Dec-20 13:02:16

Also I’d add to your question, they can’t make you buy a sofa no.

You did that willingly. You have already bought it. No one made you do it. It was on you to read the terms of the contract befor you signed. And you were given the opportunity to read these. There is no way you weren’t. When you signed you were signing something. It is not on them to read them to you.

So yes now, you have bought it. If your question is can they hold you to a legally binding contract you willingly entered. Yes. They can.

Nikhedonia Wed 16-Dec-20 13:05:57

* Lady said I had til delivery to cancel and not to panic,*

Who was this lady? In store or in head office?

prh47bridge Wed 16-Dec-20 13:08:57

If you bought them in store you have no legal protection. Their agreement that you could choose something different was a goodwill gesture. You do not have any legal right to cancel your order and get your money back.

ivfbeenbusy Wed 16-Dec-20 13:12:06

Sofas are made to order to your sort of specification ie handing and colour?
What on earth happened between going into the store and getting home that made you change your mind? You either need a new sofa or not? Or is it the dimensions you've messed up on? Surely you talked through with DH before ordering as sofa shopping is hardly an impulse buy?

TokyoSushi Wed 16-Dec-20 13:12:42

This happened to me with DFS, I ordered 2 sofas for a new house at about 4pm on Saturday. House then unexpectedly fell through literally first thing on the Monday morning, I called about 9:30am on the Monday to cancel my order (I was even crying on the phone as I was so upset about the whole house situation) absolutely no chance. Refused to budge even a little bit, said they were a 'custom order' and had already started being made. (They were just standard sofas, absolutely nothing custom about them, no way could they have already started making them)

I ended up having no choice and had £2K of sofas sat in my garage for 8 months until we finally moved!

halcyondays Wed 16-Dec-20 13:14:10

Ordering a sofa isn’t like buying a jumper. They have to order them in specially for you, there’s no way they’d ever let let you have until delivery to cancel. You need to sure about it before signing.

snookercue Wed 16-Dec-20 13:16:11

Can they MAKE me buy a sofa?

Just don't pay the balance. You will lose your deposit and the sofa will end up in a showroom.

WhereverIGoddamnLike Wed 16-Dec-20 13:18:41

You dont have any right to cancel. They've been kind enough to credit you the value and allow you to choose something else. If you dont bother then you're stuck with your original choice.

You can complain that the shine has gone off because of their treatment. You walked in, you picked the sofa and the specifications, you ordered them. No one treated you badly and the terms and conditions are clear when you are purchasing. No one made you do anything.
You do not have a right to cancel. Go and choose another sofa or get stuck with what you picked first time.

WhereverIGoddamnLike Wed 16-Dec-20 13:19:39

*cant complain

thegrassisgreenwhereyouwaterit Wed 16-Dec-20 13:23:18

Principessa2070

You can refuse delivery. What are they going to do, break in and put them in your living room?!

Definitely contact CAB to check what your rights are.

But they’ll start the direct debits to pay for it

starfishmummy Wed 16-Dec-20 13:24:52

Which part of "legally binding contract" is so hard to understand? No you cant change your mind!

StickTheKettleOnAlice Wed 16-Dec-20 13:28:55

Have they started making the sofa? I know they made to order a one I bought and literally start making it practically as soon as thr order recieved. I remember the man telling me they would be starting it quickly. You will have to read the ts and cs and see what it says regarding cancellation.

ScottishStottie Wed 16-Dec-20 13:30:47

You have purchased a sofa. You cant just change your mind and have rights.

Yes a lot of stores will issue refunds for this but it is not a right, and most places will not for made to order items.

It was very very nice of them to offer to let you pick something else and you would be stupid not to take them up on this if you really hate the original sofas so much.

Dont understand what changed in the space of a few hours from liking them enough to choose and pay for them, to cancelling them??

FairytaleOfLancashire Wed 16-Dec-20 13:31:34

Oh god. Thanks for your replies.
The first woman I spoke to was customer services. She said I could cancel any time up to delivery so I said I'd not rush and I'd discuss with DP over the weekend.
Next person was woman in store who said I couldn't cancel as THEY couldn't cancel with the manufacturer.
Then she said she WOULD cancel with the manufacturer and I should come and choose something else.
Then I spoke to customer services again who also told me I could cancel.
She then assured me that the order was definitely cancelled.
I thought that was it done.
But a guy rang me this am and said that I had to buy something else with them.
The information I have had is
1) I can cancel any time
2) I can cancel within 24 hours (that's what I was doing but held off coz of being told 1)
3) there are 3 working days to cancel
4) you can't cancel. Ever.

Yes I ordered in store, so that's me stumped, it seems.
Bollocks.

OP’s posts: |
WhereverIGoddamnLike Wed 16-Dec-20 13:35:24

When you called up customer services, did you make it clear that you had ordered in store and not online?

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