absolutebeds.co.uk [TEXT DELETED]

cacaolat

Hi Optimist, thank you I have already written the clear letter, but the court website says It should be the last resort to apply to them.

Ivory Thinker, I have ordered from the website, but when I decided to return I just returned it to the seller, whose address happened to be a shop.
I did not go to the shop and then ordered online !

Anihilator

Just because you returned it in possession doesnt mean there couldnt be return postage charges. They could argue it needed to go to a seperate warehouse or similar. This is especially likely to be true of a bedding store as they normally dispatch from central warehouses as opposed to local stores. I think this could be a problem area for you as you havent necessarily returned it to them by dropping it off at a store. More so if they are really sneaky they could deny ever receiving the stuff back, especially, if the stores are seperate entities.

Did the website allow for return postage charges?

What does your receipt say these charges were?

If it states return charges, and their website allows for these terms then you may be onto a loser I am afraid.

Anihilator

7. RETURNS & CANCELLATION POLICY

7.1. We want all our customers to be completely satisfied with their Absolute Beds purchase without reservation. We therefore offer customers a cooling off period of seven (7) days, starting from the date the goods are delivered, in which a customer can cancel the contract without giving a reason. The customer must notify us in writing, for example by email, fax or letter, within 7 days of the date of delivery. Notification by phone is not sufficient.

7.2. Due to the intimate nature of beds, mattresses, pillows etc the goods must still be sealed in original packaging and not used or damaged. For reasons of health and hygiene any beds, mattresses or bedding that has been unsealed will be deemed to have been used and cannot be returned for any other reason than a manufacturing fault.

7.3. If the Buyer does not cancel the contract in accordance with our Returns and Cancellation Policy, the Buyer shall be deemed to have accepted the goods (except any manufacturing faults) and will not be liable to return the goods to the Seller.

7.4. If you are unhappy with your purchase for any reason or change your mind and you give us written notice prior to delivery we will refund the cost of your goods. Any refund will be less a £35 administration fee, plus the cost of the credit/debit card transaction fee charged to the Seller by the Seller’s payment processor NatWest.

7.5. Refunds on cancelled contracts prior to delivery will be made as soon as possible following written notification of cancellation and in any case will not exceed a period of 30 days from that written notice.

7.6. All refunds will be made onto the same card used to make the original purchase.

7.7. If you are unhappy with your purchase for any reason or change your mind and you cancel the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s), you have two options:
(a) take responsibility for returning the products to us at your own cost and at your own risk; or
(b) authorise us to collect the goods at a mutually convenient date.
The goods must be in the original sealed packaging and in the condition in which they were delivered to the Buyer. The goods cannot be used or damaged. The Buyer must retain possession of and responsibility for the goods until the cancellation notice has been sent (within the relevant time limit), the goods have been collected/returned AND the returned goods have been accepted by us. The Buyer will need to ensure that all reasonable care is taken of the goods whilst in his/her possession.

7.8. If you have cancelled the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s) and you intend to return the goods to us you must ensure that the goods are returned within 21 days of cancellation. The Buyer must take reasonable care to ensure that the goods are not damaged prior to their return or in transit and the goods must be in the original sealed packaging.

7.9. If you have cancelled the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s) and we are to collect the goods, we will arrange to do so within 21 days of cancellation. We reserve the right to and will generally seek to recover the cost of collecting the goods, which would be deducted from the refund amount or added to any upgrade.

7.10. Refunds on cancelled contracts where the good(s) are already delivered will take place as soon as possible following the collection/return and inspection of such goods and in any case will not exceed a period of 30 days following that collection/return and us accepting the returned goods. Any refund will be less the cost of the credit/debit card transaction fee charged to the Seller by the Seller’s payment processor NatWest. For cancellations after delivery, the Buyer will therefore be re-credited with a full refund less the exact cost of collecting the goods (if applicable), an administration fee of £35 and the card transaction fee.

7.11. Unfortunately, there are the following exceptions to our returns policy:
(a) Made to measure and special order goods (without fault);
(b) Mattresses that are not in the original packaging or are unsealed;
(c) Customer damaged goods;
(d) Unwanted or damaged items not notified in writing within 7 days.
(e) Non-standard or catalogue products.

Anihilator

Anihilator wrote: »

7. RETURNS & CANCELLATION POLICY

7.1. We want all our customers to be completely satisfied with their Absolute Beds purchase without reservation. We therefore offer customers a cooling off period of seven (7) days, starting from the date the goods are delivered, in which a customer can cancel the contract without giving a reason. The customer must notify us in writing, for example by email, fax or letter, within 7 days of the date of delivery. Notification by phone is not sufficient.

7.2. Due to the intimate nature of beds, mattresses, pillows etc the goods must still be sealed in original packaging and not used or damaged. For reasons of health and hygiene any beds, mattresses or bedding that has been unsealed will be deemed to have been used and cannot be returned for any other reason than a manufacturing fault.

7.3. If the Buyer does not cancel the contract in accordance with our Returns and Cancellation Policy, the Buyer shall be deemed to have accepted the goods (except any manufacturing faults) and will not be liable to return the goods to the Seller.

7.4. If you are unhappy with your purchase for any reason or change your mind and you give us written notice prior to delivery we will refund the cost of your goods. Any refund will be less a £35 administration fee, plus the cost of the credit/debit card transaction fee charged to the Seller by the Seller’s payment processor NatWest.

7.5. Refunds on cancelled contracts prior to delivery will be made as soon as possible following written notification of cancellation and in any case will not exceed a period of 30 days from that written notice.

7.6. All refunds will be made onto the same card used to make the original purchase.

7.7. If you are unhappy with your purchase for any reason or change your mind and you cancel the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s), you have two options:
(a) take responsibility for returning the products to us at your own cost and at your own risk; or
(b) authorise us to collect the goods at a mutually convenient date.
The goods must be in the original sealed packaging and in the condition in which they were delivered to the Buyer. The goods cannot be used or damaged. The Buyer must retain possession of and responsibility for the goods until the cancellation notice has been sent (within the relevant time limit), the goods have been collected/returned AND the returned goods have been accepted by us. The Buyer will need to ensure that all reasonable care is taken of the goods whilst in his/her possession.

7.8. If you have cancelled the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s) and you intend to return the goods to us you must ensure that the goods are returned within 21 days of cancellation. The Buyer must take reasonable care to ensure that the goods are not damaged prior to their return or in transit and the goods must be in the original sealed packaging.

7.9. If you have cancelled the contract in accordance with our Returns and Cancellation Policy after delivery of the good(s) and we are to collect the goods, we will arrange to do so within 21 days of cancellation. We reserve the right to and will generally seek to recover the cost of collecting the goods, which would be deducted from the refund amount or added to any upgrade.

7.10. Refunds on cancelled contracts where the good(s) are already delivered will take place as soon as possible following the collection/return and inspection of such goods and in any case will not exceed a period of 30 days following that collection/return and us accepting the returned goods. Any refund will be less the cost of the credit/debit card transaction fee charged to the Seller by the Seller’s payment processor NatWest. For cancellations after delivery, the Buyer will therefore be re-credited with a full refund less the exact cost of collecting the goods (if applicable), an administration fee of £35 and the card transaction fee.

7.11. Unfortunately, there are the following exceptions to our returns policy:
(a) Made to measure and special order goods (without fault);
(b) Mattresses that are not in the original packaging or are unsealed;
(c) Customer damaged goods;
(d) Unwanted or damaged items not notified in writing within 7 days.
(e) Non-standard or catalogue products.

I see two problems for the OP

1) Did they cancel the contract in writing? If not then they could dispute the DSR apply.

2) They state they will charge for return postage. Now dumping it at a local store doesnt necessarily return it.

I would suggest the OP may have a fight on there hands here.

cacaolat

Anihilator
local warehouse ? This is the only address the company has given, so why should I not return it there. I did not dump anything but kindly returned it in its original box.

Anihilator

Because it might not have come from there. Imo when using the DSR you have to return it to where they tell you (within reason). Showing up at a local store and dumping it isnt sufficient without them giving you prior permission.

Also it doesnt even sound like you have met the DSR part of cancellation.

Ivory_Tinkler

cacaolat wrote: »

Hi Optimist, thank you I have already written the clear letter, but the court website says It should be the last resort to apply to them.

Ivory Thinker, I have ordered from the website, but when I decided to return I just returned it to the seller, whose address happened to be a shop.
I did not go to the shop and then ordered online !

Did you contact them in writing to advise you wanted to cancel? Under DSR's this has to be done within 7 working days starting the day after you took delivery (so in your case by the end of 10 February).

williham

You may not be entitled to the £15 but definitely the £35 fee.

DVardysShadow

jdturk wrote: »

can I just point out that if you are ever asked to sign for something that you disagree with you should always write 'Signed under protest' above your signature, this way if you goto court and they try and defend it they can hardly show your signature as agreeing to the terms as having those words blatently show you didn't agree with the terms

In this particular case "signed without prejudice to statutory rights - particularly Distance Selling Regulations" would do it with less grounds for dispute - and put the company in the position of either accepting it or explicitly demanding that you waive your rights - which is not a good place for them to go.

Anihilator

The main problem I see is that they can deny the DSR were invoked hence the rest is irrelevent.