Broken bed in warranty need advice

Hi this is my first post here and im hoping its in the right place!

My problem is that I purchased a bed frame from a business seller on Ebay back in September (has a 12 month warranty from them), when it arrived there was a dowel missing from the foot board but we managed to get a replacement seen as the shop wasn't too far from where I live.
It did seem to make the bed seem less stable though but as we had already got rid of our other bed down we just dealt with it.
Since then the bed has been getting increasingly wobbly and recently the footboard cracked right next to where the dowel is.
I cant blame a lot of rowdy sex or jumping on it or even being overweight (although I was pregnant hence the lack of rowdy sex :p) its just had normal usage...sleeping!

I contacted the place we got it from 2 weeks ago to be told I'd get a call back which I didn't, so I rang again Thursday, the guy said they don't have that bed anymore but would check to see if they had a spare footboard and call me back which he hasn't.
I'm getting a bit concerned that they are just going to try and fob me off and I have no idea what my rights are especially as they don't have the item anymore.
I'm assuming I can say the bed was not fit for purpose but can I ask for a completely different product if they cannot provide me the parts to repair my bed?

Any advice would be appreciated and my apologies for such a long post!

Everything will be ok in the end, and if it isn't ok then it isn't the end :)

Comments

  • jdturk
    jdturk Posts: 1,636 Forumite
    Hi this is my first post here and im hoping its in the right place!

    My problem is that I purchased a bed frame from a business seller on Ebay back in September Because it is in th 6 month period and they are a BUSINESS ebay seller they have to prove there wasn't an inherant fault with the product(has a 12 month warranty from them), when it arrived there was a dowel missing from the foot board but we managed to get a replacement seen as the shop wasn't too far from where I live.
    It did seem to make the bed seem less stable though but as we had already got rid of our other bed down we just dealt with it.
    Since then the bed has been getting increasingly wobbly and recently the footboard cracked right next to where the dowel is.
    I cant blame a lot of rowdy sex or jumping on it or even being overweight (although I was pregnant hence the lack of rowdy sex :p) its just had normal usage...sleeping!

    I contacted the place we got it from 2 weeks ago to be told I'd get a call back which I didn't, so I rang again Thursday, the guy said they don't have that bed anymore but would check to see if they had a spare footboard and call me back which he hasn't.
    I'm getting a bit concerned that they are just going to try and fob me off and I have no idea what my rights are especially as they don't have the item anymore.
    I'm assuming I can say the bed was not fit for purpose but can I ask for a completely different product if they cannot provide me the parts to repair my bed?

    Any advice would be appreciated and my apologies for such a long post!

    They have the right to repair, replace, refund as they see fit (ie the cheapest option) but it is their choice. However if they don't stock that bed anymore and cannot get a replacement bit in a reasonable time (reasonable has no fixed time but for a bed I would expect a replacement bit in 2-4 weeks but no more (esp if they have to get the part from the supplier) they would obviously have to either refund you or provide you with a better product for the same value as you paid.

    Hope that helps
    Always ask ACAS
  • Beki88
    Beki88 Posts: 1,356 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks for that, well they have had just over two weeks from my first contact so I will ring them tomorrow and find out if they have got the part if not i will inform them that they have just under 2 weeks to sort something out for me.
    Just hope it doesnt take that long as the bed is really bad now I'm actually scared to sleep in it!
    If they dont provide refund/repair/replacement after the 4 weeks what would my next step be?
    Would I have to contact ebay?
    Sorry I'm a bit useless with it all.

    Everything will be ok in the end, and if it isn't ok then it isn't the end :)
  • Beki88
    Beki88 Posts: 1,356 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Well I got a new bed as they didnt have the parts however the bed they offered me is a lot cheaper, mine cost £99 for a 4foot 6, the one i have just received is £59 for a king size! so a double would be about £49 can I now ask for part of the money back seen as I have been given a cheaper product?
    Thanks

    Everything will be ok in the end, and if it isn't ok then it isn't the end :)
  • jdturk
    jdturk Posts: 1,636 Forumite
    Well I got a new bed as they didnt have the parts however the bed they offered me is a lot cheaper, mine cost £99 for a 4foot 6, the one i have just received is £59 for a king size! so a double would be about £49 can I now ask for part of the money back seen as I have been given a cheaper product?
    Thanks

    Yes I would definately expect a partial refund
    Always ask ACAS
  • Beki88
    Beki88 Posts: 1,356 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks again, I emailed them got a prompt response saying we will sort it out by the 25th for you so will just have to wait and see how much the refund me!
    thanks for all your help glad im not left short or bedless!

    Everything will be ok in the end, and if it isn't ok then it isn't the end :)
  • lindos90
    lindos90 Posts: 3,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Why have they sent you a king size instead of a double....will that not mean that your matress will be too small? Thats crazy, unless its a divan and you get the matress with it (I was just picturing a wooden frame that a matress fits into)
  • Beki88
    Beki88 Posts: 1,356 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lindos90 wrote: »
    Why have they sent you a king size instead of a double....will that not mean that your matress will be too small? Thats crazy, unless its a divan and you get the matress with it (I was just picturing a wooden frame that a matress fits into)

    I think you misunderstood my post, probably due to the fact I didnt make much sense sorry. I didnt know the exact price for a double as they were only showing the king size which is why I quoted that price, but they sent a double to me.

    Everything will be ok in the end, and if it isn't ok then it isn't the end :)
  • lindos90
    lindos90 Posts: 3,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sorry, re read your post and understand it differently now!

    I hope you are happy with the style of the new bed they have sent, but I would agree, as they have sent you a different one, its perhaps not the style or quality you would have chosen, and should ask them to consider a refund between the price you originally paid, and the cost of the cheaper one they sent.

    Hope you get a good nights sleep (as much as you can with a baby anyway!!)
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