Sold as New, but Ex-Display

jmetz

I recently purchased a NEW bed frame from a Bensons for Beds store, obviously for the full price.


I was informed that i could collect the bed frame directly from the store; rather than ordering for delivery. Upon payment i confirmed with the sales assistant that the bed frame was brand new and fully boxed.

Once home i found it odd that the boxing for the frame stated a product on it which dint match that of the Allegro. After unboxing the frame it is clear that i have in fact been mislead in to purchasing an ex-display frame; a question which i implicitly asked as detailed. The feet on the bed are damaged, with chips to the wood, with other marks being present on the bedhead material and sides.

I have contacted both the head office customer services and the store.

Head office, first didnt respond to my email, but upon re-forwarding it again they have informed me that they will respond within 7 days.

The store claimed it should have been new hence me paying full price, but then that it was infact ex-display. Yet i would choose to pay full price, and not wish to inspect the bed or sign for any damage present first. They now claim that damage may well have occured during transit in my vehicle from the store.

I have photographs of alll damaged areas and they are aware of this.

They inform me that the area manager will contact myself on Monday, but i am keen to hear if anyone else has suffered such an issue with a company and as to the likely outcomes....

deanos

If its in the wrong box than that's enough evidence isn't it, i would be asking for a full refund or a reduced price

If you paid on credit card and its over £100 ring them up and dispute the transaction.

jmetz

Yeah. I've stated I want a full refund. I'm not interested in having a display product. Especially not one in this state.

My issue is they have point blank lied to me about the product and then suggest damage is caused by myself, completely disregarfing the fact that it was a display model and thus clearly not indicating.and discussing damage with me.

I'm just keen to know my legal position as this is not something I am willing to leave to rest

deanos

Im not sure on your legal position, but if paid on credit card definitely lodge a complaint with them as they are jointly liable as far as im aware

4743hudsonj

As above if you paid either wholly or partly by credit card (im assuming you paid over £100?) the provider become jointly and severably liable for the purchase under The Consumer Credit Act, Section 75.

Its not the fastest process in the world (usually needs posting etc) but its guaranteed so id only use it if the area manager takes too long or refuses to refund.

Just contact the provider and mention s75 of the CCA and that you would like a refund.

As for your actual legal position, then yes you are definitely entitled to a full refund under The Sale of Goods Act 1979 as the goods are not as described (seeing as you implicitly asked whether it was new or not). As such you may repudiate the contract.

wealdroam

I agree with everything said so far, but...

As the box was marked with a different product name, and as you collected it from the store in your vehicle, how come you didn't notice the different name when you loaded the box?

Surely you made some sort of check when loading the box?

McCuddly

If it was less than £100 and you paid by credit card you can still claim, but under section 56

Plus agree with everything else said on here

4743hudsonj

McCuddly wrote: »

If it was less than £100 and you paid by credit card you can still claim, but under section 56

Plus agree with everything else said on here

Really? *looks at google*

Looks so... Looks like a long worded way of saying 'as described' lol.

McCuddly

4743hudsonj wrote: »

Really? *looks at google*

Section 56 states the credit token provider is still jointly liable for a good or service for which has been paid using said credit token.

I did it at uni and have actually claimed under S56

McCuddly

McCuddly wrote: »

Section 56 states the credit token provider is still jointly liable for a good or service for which has been paid using said credit token.

I did it at uni and have actually claimed under S56

My uni tutor said that someone successfully did a section 56 claim on some medication he bought on his Barclaycard credit card. I think thats amazing to be honest if they really did

4743hudsonj

McCuddly wrote: »

My uni tutor said that someone successfully did a section 56 claim on some medication he bought on his Barclaycard credit card. I think thats amazing to be honest if they really did

Well i read it through quickly and it just appears to relate to misrepresentations, and if made the contract is null and void.