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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
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On Sunday 18th October 2015 I ordered a 2 settees from DFS

Resolved Question:

On Sunday 18th October 2015 I ordered a 2 settees from DFS and on 25th October I phoned and cancelled the order and asked to order a different style of settees. They said they didn't think I could cancel as the order had already gone to the manufacturer but they would send an email to cancel it. A few days later they phoned and said I couldn't cancel. Then on 11th November I got a call telling me the furniture had been cancelled and would I confirm in writing the furniture I wished to order in place of the cancelled order, which I did on 12th November. They also said that as it was their mistake they would lend me two settees to get me through the christmas period as the furniture I originally order was to have been delivered in the first two weeks of December. Yesterday they phoned to tell me that they had made a mistake and that the furniture I originally ordered had not been cancelled and would be delivered in the first two weeks of December. At the time of ordering I paid a 50% deposit. I really would prefer the replacement furniture. What are my rights please?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello ​I can assist with your query
Expert:  Ben Jones replied 1 year ago.
Have you checked the terms and conditions on your rights in this situation?
Customer: replied 1 year ago.
There are no terms and conditions attached to the paper work I was given apart from the terms and conditions for the 5 year leather cover I purchased and information for finance orders. My oder is not a finance order.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was in a meeting by the time you had replied. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online). All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s remises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:· Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made· Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). So if you had ordered the goods on the trader’s premises you do not get an automatic cancellation period. However, if you have not received the above information you could argue that you should still have a cancellation right until you have been provided with it. Another thing is that they have officially confirmed your cancellation and it has taken them about a week to say otherwise. It may have indeed been made in error in which case they may retract it but you could still try and push them based on the above rules and follow their formal complaints procedure trying to get a resolution. Often they may try and keep a consumer happy, especially the further up the complaints chain you go. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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