Mattress Return Distance Selling Regulations

allstar4eva

Ehh? How's that posting in an official capacity or touting for business. Until this thread started I had no idea which company he ran, in fact I've had occasion to ask him and he refused stating forum rules

Ok fair enough not everyone knows but many after a mattress can find out easily enough. If you ever searched the threads others said do a google search for tim deegan and he is easily found. On some of the threads others mention his comany is !!!!!! Beds.. If you follow his advice then !!!!!! Beds is certainly the place to buy from.

allstar4eva

On threads where Tim gives advice the La Romantica brand is oftern mentioned and Tim is one of the few online sellers offering this brand...

neilmcl

allstar4eva wrote: »

I think the poster was merely implying that whilst a refund is not dependant on the return of the goods nor does it have to happen before. They have 30 days to refund and this should happen independently of any return, ie, you can't legally demand refund on collection either.
As I mentioned - due to the experiences of someone where the mattress got 'dirty' after being collected I would prefer that the items were despatched to the seller after I have a refund - they are all unused and undamaged. Where do I stand on this?

As stated the refund and right to cancel is unconditional. They cannot deduct anything due to the condition of the mattress, if anything they would have to take out a separate action under a breach of statutory duty. If you're concerned then make sure you have evidence that shows the condition of the mattress and get anyone who collects to sign something that states the condition on collection.

neilmcl

allstar4eva wrote: »

On threads where Tim gives advice the La Romantica brand is oftern mentioned and Tim is one of the few online sellers offering this brand...

Let's stick to the point in hand. I'm concerned that this thread is starting to look like a personal crusade against a fellow poster rather than a genuine grievance against a certain bed retailer.

allstar4eva

Let's stick to the point in hand. I'm concerned that this thread is starting to look like a personal crusade against a fellow poster rather than a genuine grievance against a certain bed retailer.

neilmcl,

I have nothing against Tim. As mentioned there is more that I could post but I have chosen not to as I am not trying to score points.

I am concerned that I followed all of the guidance Tim gave - I even bought from his own company yet it has been so hard to get a refund under the DSRs.

Re: The reply that I have no right to request cash on collection is there any reason why he should not honour that request if I paid cash on delivery? It only seems fair - normally retailers refund by the method of payment - it is hardly an unreasonable request.

allstar4eva

I have received the following reply from !!!!!! beds...

It is your responsibility to return the goods. Or we can arrange for collection by courier which you have to pay for. We would be refunding delivery, but we don’t have to pay for collection

Is this position correct? I thought we had established that I am not responsible for returning the items under DSRs as he did not clearly state this in his Ts and Cs?

Also why would they use a courier when they have a delivery van?

wealdroam

allstar4eva wrote: »

Also why would they use a courier when they have a delivery van?

Perhaps so that they can put an undisputable cost on the return of the goods?
Just a guess.

allstar4eva

But they charged £30 to deliver all items so why should they charge more to collect?

This is not reasonable as they know full well that using a courier for deliveries of beds etc would be uneconomical so why use them for a return?

And in any case they did not make it explicitly clear in their Ts and Cs that a customer would be responsible for returns.

Unless this is what they are getting at:
"However !!!!!! Beds reserve the right to charge for transport costs if they feel that a customer is being unreasonable."

Is charging for transport costs the same as saying a customer is responsible for returning the item? And in any case it is a mattress so surely this would be an unfair contract term as the customer will generally not have the means to transport a mattress without great expense.

I would not have thought a simple refund under DSR is unreasonable!

wealdroam

allstar4eva wrote: »

Also why would they use a courier when they have a delivery van?

wealdroam wrote: »

Perhaps so that they can put an undisputable cost on the return of the goods?
Just a guess.

allstar4eva wrote: »

This is not reasonable as they know full well that using a courier for deliveries of beds etc would be uneconomical so why use them for a return?

You also told us in post #22...

allstar4eva wrote: »

...stating that he would not use his van to collect the goods as he felt his employees were in danger of verbal and physical abuse!

allstar4eva

...stating that he would not use his van to collect the goods as he felt his employees were in danger of verbal and physical abuse!

I also stated the following:

By the way I have never threatened Tim or his staff so that claim is ludicrous.

I can only guess that he saw my offer to personally deliver the goods to the factory if I had to as a threat? This was to ensure that the bed would not get 'dirty' once it left my property. There was no threat or any form of abuse and I did not swear at him verbally or in written format. I have all emails stored to back this up.

He has no basis for this. I have stored all emails and there is not one threat of verbal or physical abuse. In fact I have been the victim in this situation. The abuse thing is clearly an excuse not to collect.