Cancelling Orders - Urgent

[kat2206]

Hi Guys, I hope you can help me!

I placed an order with DFS last week but I no longer need the sofa, I have tried to ring them and cancel it but they have told me because it is "hand made" to my specific order I cant cancel it. At no point during me placing the order in store did they tell me if anything happens you WONT be able to cancel the order then to be honest I would have thought twice about going through with it.

Most orders or such like have a "cooling off" period but apparently not with this one?

But as I said earlier, I knew nothing about not being able to cancel so I'm going to be stuck with a sofa I no longer need.

Can anyone help me please?

[kempie]

This will sound harsh but you should think twice before entering into any contract. Contracts are meant to protect both parties; to cancel the contract for no good reason, e.g. I changed my mind, is one of the things to be protected against. What would your response be if a retailer changed their mind about supplying goods that you had ordered? Would you not expect the contract to protect you?

It is telling that you think "most" orders have a cooling off period. In specific cases, such as those covered by the Distance Selling Regulations etc., cooling off periods do exist but these make up only a fraction of retail contracts. Before entering into a contract it is better to think of a cooling off period as the exception rather than the rule and therefore find out if such a get-out clause does exist rather than making the assumption that one does exist.

[bednobs]

there is no way out of this situation, i'm afraid, they are perfectly right in saying you cannot cancel

[factor-fiction]

Why would there be a 'cooling off' period?
Have you paid in full or just a deposit? If you've not paid in full ask them if you can cancel but offer to pay say 20% of the cost for their trouble. If they haven't done much work on yours yet they might agree

[kat2206]

Thank you for your answers, I however, seem to get the feeling that you thik I just "want" to cancel for no reason and I apologise for not making it clear in my question about cancelling. I am only having to cancel as the house that I was going to rent (privately) has fallen through. Myself and my 2 sons are now living with my mum in her very small 2 bedroom bungalow and there is no way I can store the sofa let alone house the thing!

I paid a deposit and have told them that I am quite happy to relinquish the deposit for their loss of revenue. Its not that I just want to cancel it for cancelling sakes and Im sorry you assumed that.

[buildersmate]

I'm sorry to say that that doesn't change the price of fish.
You have a contract for the sofa, so DFS are within their rights to demand that you go through with it.
You could offer to forfeit the deposit (which you are going to lose anyway) and try and get them to accept cancellation but there is a guarantee they will accept this. They could, in theory, take you to court for the payment of the balance, and for storage of the sofa if you decline to allow them to deliver it once they tell you it is ready.
Probably best to see what you can negotiate that is less.

[buildersmate]

For 'guarantee' read 'no guarantee'. Typing too fast.

[sandmaster]

Write to the store telling them why you have to cancel. Offer to pay them any loss they incur when they sell the sofa to another customer - but that you will need them to prove the loss. If you can afford it, get a solicitor to write the letter. I had exactly the same situation many years ago (and the furniture WAS made to my specific order). I never heard from the store again. Keep copies of the correspondence. I am surprised that DFS make furniture to a customer's specific instructions. I thought it was all mass produced.

[garethjamess]

Hi,

Under the Law you do not have the right in this instants to change your mind, which in essence is what you are doing. However, you could argue that the contract is incomplete if you have yet to arrange a date for delivery, or are yet to clear some other important point up, and therefore there would be no contract.

Hope this helps. Obviously if an when the sofa does arrive it needs to be of reasonable quality etc....