Dreams - 20% cancellation

TBeckett100

I ordered a bed from the store 2 weeks ago, it arrived today and it didnt fit up the stairs.
The delivery driver refused to take it so I was left with it.
I contacted dreams to ask about a refund and was told i could have an exchance. OH called and someone offered a refund less 20% restocking fee but I had to call up as the order was in my name,

I called up to be told that OH was misinformed, dreams do not refund on store bought items.

Dreams relented and I have set a date for collection, they are repaying my bed less £300 (20% charge).

Is there an angle on this. The contract i signed doesnt state a 20% fee for refunds after delivery, though it states that there is no comeback on items that dont fit. Could dist sel regs assist as technically the bed i saw in the shop was a smaller size?

OlliesDad

As you bought it in the usual trading premises, you cannot claim on DSR. Unfortunately for you, they legally don't have to offer you a refund at all, so what they are offering you is purely goodwill.

Your only angle would be if you could prove the have mis-described the goods (i.e. it is bigger than they said it would be). Other than that, i would accept their offer.

mc33033

TBeckett100 wrote: »

technically the bed i saw in the shop was a smaller size?

Was it really a different size? Do you have the measurements of the bed you saw and the bed you had delivered? If you can show these are different you can use Sale of Goods Act 1979 to reject the bed and claim full refund as the goods are not "as per sample".

If you can't show they were different sizes then the shop had no obligation to take the bed back and any agreement to do so was a different contract which you negotiated with them - the sale of the bed back to them.

Get the measuring tape out and see if you can get access to the bed you sold them back against the show bed!

pinkshoes

mc33033 wrote: »

Was it really a different size? Do you have the measurements of the bed you saw and the bed you had delivered?

I'm presuming the OP meant that the one in store was say a double, and the one they wanted and ordered was a queen size.

OP, if you ordered a double, and what they have delivered is dimensionally bigger than what you had ordered, then you can return it with no charge, as it would be the wrong product.