Broken Bed, Manufacturing problem, no cvered by cnsumer rights???
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ashman2710
Posts: 7 Forumite
Hi, My partner and I have recently bought our first house.
One of the first thing we needed was a new bed and saw a really nice one from a local bed store.
The item was in sale and was described as an ex display model.
We had it delivered and we put it together at home.
4 weeks later as we were just falling asleep (honestly no "activities" were taking place) and the bed collapsed in the middle. The 2 legs on the middle frame bent and the central support bar snapped from it's welding and bent the bar.
We spoke to the Store manager the following day who told me that it was a manufactuin fault so it would be replaced.
My partner was nt interested in a replacement as had no confidence in the product, so 24 hours later, I went to see the manaer again and this time We were asking for the value of our bed, to be taken off the price of one of his other beds. He refused and stated that the manufacturer was accountabe and all they would offer was a replacement.
We left the shop with the manager informing us that a replacement had been ordered from the manufacturer.
Where do we stand? We don't want the same bed....we have proof of purchase via a bank statement.
Please help
One of the first thing we needed was a new bed and saw a really nice one from a local bed store.
The item was in sale and was described as an ex display model.
We had it delivered and we put it together at home.
4 weeks later as we were just falling asleep (honestly no "activities" were taking place) and the bed collapsed in the middle. The 2 legs on the middle frame bent and the central support bar snapped from it's welding and bent the bar.
We spoke to the Store manager the following day who told me that it was a manufactuin fault so it would be replaced.
My partner was nt interested in a replacement as had no confidence in the product, so 24 hours later, I went to see the manaer again and this time We were asking for the value of our bed, to be taken off the price of one of his other beds. He refused and stated that the manufacturer was accountabe and all they would offer was a replacement.
We left the shop with the manager informing us that a replacement had been ordered from the manufacturer.
Where do we stand? We don't want the same bed....we have proof of purchase via a bank statement.
Please help
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Comments
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I think as long as they are offering to replace the item you may just take it and if you have a simular problem which is highly unlikely then go back and demand a cash refund.
If you took this further, ie trading standards or the likes they would see that the store has acted in a correct way by offering to get it replaced.
There would be little or no point pushing this further as it will waste your time and effort !0 -
Take the replacement, it is a fair and legal offer. It really may have just been a dud, and you liked the design enough to buy.it in the first place!0
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Yes, take the replacement, and if it is a design flaw and the same thing happens again, then you have a much stronger case to demand an alternative.0
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I have waited and waited for my new bed.........It's now 2 weeks since I went in and arranged for a replacement!!!!!!
They have told me twice that they are waitin for the manufacturer to send it!!
My partner and I are sleeping on a matress, on the FLOOR!!!!!
Where do I stand??? I'm not happy at all..........what are my rights???0 -
ashman2710 wrote: »I have waited and waited for my new bed.........It's now 2 weeks since I went in and arranged for a replacement!!!!!!
They have told me twice that they are waitin for the manufacturer to send it!!
My partner and I are sleeping on a matress, on the FLOOR!!!!!
Where do I stand??? I'm not happy at all..........what are my rights???
Under the Sale of Goods Act, if the seller chooses to replace or repair the goods then they must do so 'within a reasonable time but without causing significant inconvenience'. It sounds like you are being caused 'significant inconvenience' (although I'm sure there's some who would argue with that), so you can try to go back to the seller and insist that they refund you.
However, if they refused you would then have then have to take legal action, which would be a lengthy process (and in all likelihood, much more lengthy than waiting for the replacement). Another option would be to purchase another bed elsewhere and then undertake legal action for a refund on the original bed, but that's risky as there's no guarantee you would win the case, and could end up with two beds and out of pocket.0 -
ashman2710 wrote: »I have waited and waited for my new bed.........It's now 2 weeks since I went in and arranged for a replacement!!!!!!
They have told me twice that they are waitin for the manufacturer to send it!!
My partner and I are sleeping on a matress, on the FLOOR!!!!!
Where do I stand??? I'm not happy at all..........what are my rights???
How long did the store tell it would take?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
They told me upto 7 days0
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What estimate do they give you now?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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the manager said, it should have come lst friday, we have had another delvery since then but it wasn't on. It should be here within a few days0
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Have you contacted the store's head office?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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