Home > FAQs > Delay on Sofa Ordered for Delivery Before Christmas: What Can I Do?

Delay on Sofa Ordered for Delivery Before Christmas: What Can I Do?

By: Sarah Clark (ILEX) - Updated: 7 Apr 2010 | comments*Discuss
 
Deliver Delivery Contract Making Time Of

Scenario - You've ordered a new sofa from a store that was offering a promotion that promised to deliver anything ordered before a certain date by Christmas.

The credit agreement has been set up although you don’t have to pay anything for a year. You've been into the shop several times about the delivery date, and they’ve changed it a few times. Now they are saying that there are delays on this particular type of sofa and that due to high demand there’s a possibility that the sofa won’t be delivered until after Christmas now.

You need the sofa for Christmas as you’ve got relatives coming to stay over and nowhere for them to sit when they get here! What can you do to make the shop deliver the sofa on time?”

Answer

Legally, the ‘we will deliver your sofa before Christmas’ is part of your contract under the Sale and Supply of Goods Act.

Normally, the delivery time for any item that you buy isn’t a part of the contract for sale unless you make it so. For example if you went into the same retailer and bought a sofa, asked when it would be delivered and the sales person told you that it would be “six to eight weeks” that’s a guide and not a specific date. If there are delays on the delivery time, you can make the date for delivery a part of the contract by ‘making time of the essence.’

How do I Make Time of the Essence?

You do this by writing to the retailer and stating that you are doing just that, ‘making time of the essence’ and that you wish to have your goods delivered to you by a particular date. This must be reasonable, otherwise if there is a dispute you could find that the court would find in their favour if you didn’t give them sufficient time to deal with your request. This is bearing in mind that no delivery date was set.

State that if your goods aren’t with you by this date, that you will be cancelling your contract (as is your legal right) and will be asking for any associated credit agreement to be cancelled, and any deposit refunded.

Keep a copy of the letter and send the original by recorded delivery.

In your case you have an even stronger case to be able to cancel the contract if you don’t receive your sofa. The only problem is that all you can insist on is a cancellation and a refund if necessary. You can’t make them deliver a sofa that doesn’t exist yet.

What a letter making time of the essence might do is concentrate their minds on getting your goods out to you, thus avoiding a cancellation of the contract. In view of the fact that Christmas is almost with us, you might want to hand deliver the letter to the manager of the shop, backing it up with a mailed copy if you like.

What if The Shop Still Can't Deliver?

If they are unhelpful and say that there is no way that they can deliver your sofa before Christmas and the impending relatives visit, the only other thing you can threaten them with is damages for their breach of contract on top of the cancellation. By this, I mean reasonable costs of perhaps hiring a sofa from a furniture hire company for the Christmas period.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
goods are purchaced a deposit left against a bill of salesay 3 months in advance andsupposed to be at sales prices .Subsequently on the delivery date you find out that the latest price in another sale by the same firm is lower can you claim thegoods at the pprice to which they are now being offered
tel - 24-Dec-11 @ 11:13 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • ConsumerRightsExpert
    Re: Dealing With Cowboy Builders
    Paulio - Your Question:Back in 2010 we had a loft conversion done, by what looked like a reputable company who were local and had…
    20 October 2017
  • Unhappy
    Re: When Am I Not Entitled to a Refund?
    With reference to my previous comment, no it was not made to measure. The website offers items made to order in set sizes…
    20 October 2017
  • ConsumerRightsExpert
    Re: When Am I Not Entitled to a Refund?
    Unhappy - Your Question:On 1st September I ordered some handmade clothes for my baby. They arrived on 19th October…
    20 October 2017
  • Unhappy
    Re: When Am I Not Entitled to a Refund?
    On 1st September I ordered some handmade clothes for my baby. They arrived on 19th October (website states 4-6 week…
    20 October 2017
  • amyamyamy
    Re: Dealing With Cowboy Builders
    Dean blues. Must the the UK's most dangerous and prolific cowboy builder. Joi the facebook group against him and help stop this…
    20 October 2017
  • Russo
    Re: What If Your Plumber Makes Mistakes?
    Had a new shower tray fitted on 9 November 2016 and last week a crack appeared In the tray running from the door towards…
    19 October 2017
  • Kellywalsh
    Re: Buying a Used Car: Your Rights
    I bough 11 c4 7 seater 10 months ago paid 13900 he gear box and fly wheel has gone do i have any come back ?
    18 October 2017
  • Paulio
    Re: Dealing With Cowboy Builders
    Back in 2010 we had a loft conversion done, by what looked like a reputable company who were local and had excellent reviews…
    18 October 2017
  • Sally
    Re: The Structure Warranty on My Sofa?
    DFS have come to my house so times the leather was patchy so they couloured it in finally they recovered the seats on my 2…
    18 October 2017
  • ConsumerRightsExpert
    Re: What If Your Plumber Makes Mistakes?
    Sam - Your Question:Hi. We have received a water bill from Thames water for £12k and been informed by them that there is…
    18 October 2017
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the ConsumerRightsExpert website. Please read our Disclaimer.