Custom made sofa covers....cancellation?

[jotto]

Hi all.

Back on 4th November 2014 we ordered some new covers for our 2 sofas. We picked the fabric and the covers were to be custom made by the supplier of the sofas. On the invoice, it shows an approximate delivery time of 3-4 weeks. As the covers were to be custom made, we paid in full at the time of order.

We contacted the shop at the beginning of December to see what was happening only to be told the fabric hadnt arrived from the suppliers and so they had not started on the covers.

Just before Christmas we got a phone call to say the fabric would be delivered on 6th January to which we said we were not very happy but OK.

6th Jan, called....no fabric, will definitely be delivered by 13th of Jan.

Rang today, still no fabric so said we were very unhappy and would like to cancel the transaction. Shop very defensive, said it wasnt possible and that the fabric had been dispatched and would be there tomorrow or Monday.

 

Wife said, Monday or money back.

 

On the back of the invioce one of the terms and conditions says

" All delivery dates are quoted in good faith and are correct at the time of ordering however these dates are approximate and can be subject to change from our suppliers. Under no circumstances can ' Store name' be held responsible for delays in delivery due to unforseen circumstances. Nor will it constitute a cancellation "

 

Also,

"All orders that are specially made and custom built cannot be cancelled"

 

Are we within our rights to ask for our money back if the fabric doesnt arrive on Monday? The quoted terms are normally for the furniture they sell and supply but they are now saying it also applies to fabric orders. I realise they may well have ordered the fabric but they have not as yet received it or made a start on making our covers.

 

Any help or advice appreciated.

[BankFodder]

Yes you are. Even if there is a certain amount of leeway in terms of delivery times – you are entitled to expect delivery within a reasonable time. This is contained in the Sale of Goods Act as amended.

 

Write them a letter immediately. Tell them that time is now of the essence. Tell them that it has now gone on too long and there have been too many broken promises. Tell them that if the items are not delivered by – XXX date XXX, that you will consider the contract is terminated and you want your money back. Tell them that after that you will be making other arrangements and you will have no need for the items which you ordered and so that even if they suddenly appear you will reject them.

 

Do it now. Send the letter by recorded delivery and if you can deliver a copy to them. Make sure there are no mistakes about it. Send it by email as well if you can.

 

After that don't negotiate. Don't accept any further promises. Stand your ground.

 

If they were return your money then come back here and we will tell you how to get it back.