Advice please

daisy1981

I bought a Wardrobe from a website who mis advertised the width of the wardrobe. I called the website to let them know that the guy that came to assemble the wardrobe told me if i took my skirting board off the wall it would fit. When my husband came in to turn the wardrobe round as the guy put it in sideways it was clear the wardrobe would not fit in next o my fitted wardrobes. So I called the website i ordered from they told me they would have to call the manufacture to find out the correct measurements unless they had one in there showroom which luckily they did. It was put on the website wrong which we knew as we measured and was told they would call me back.

Sorry this is long....they told the website to tell me that they would give me £50 if i kept the wardrobe or i can send it back for a full refund. Problem is the guy that assembled it took the packaging so the website want me to provide packaging etc which i dont think i should and its not easy to find packaging for a wardrobe. she then told me she would go back to the manufacture.

The manufacture wanted me to get a quote for someone to see if they can take my skirting board off plus alter my wardrobe I said sorry thats not an option.

Because i signed the guys paperwork yesterday as he told me it would fit if we took away the skirting there saying i dont have a leg to stand on and i have to accept the wardrobe

is there anything i can do?

any advice would be very apreciated

thankyou

LUCY_3-2

This sounds like a shambles. As the measurements online were wrong I would logically assume that the retailer is at fault here and cannot reasonably expect you to rip out your skirting and damage your home to accomodate their wrongly advertised wardrobe.

I would have been inclined to refuse the wardrobe as soon as the measurements were confirmed wrong and sent the bloke away with it in whatever state or 'build' it was in when the error was realised. However, I've read a lot of replies on other similar posts about 'returns' indicating that the retailer would be responsible for organising collection of wrongly advertised or supplied goods in this sort of circumstance. As the fitter (presumably their employee?) who delivered and assembled the wardrobe took the packaging away I would expect them to also take care of ensuring the wardrobe is protected in transit for the return.

Surely the delivery paperwork you signed was not a contract to 'promise to remove your skirting and definitely keep the wrongly advertised wardrobe' as the fitter so helpfully suggested? What does it say?

Hopefully someone can be a bit more usefull than me and provide some links or quotes for you to help you out. Whilst you are waiting for more replies I would check the T&C's on the website to see what their policy is on checking goods on delivery and reutrning goods, cooling off periods etc... to give you a better idea of who you are dealing with.

Lip_Stick

Agree with the above and reject it under the SOGA. I'd also take a screen shot of the measurements on the website if they're still the same as they were. Might be useful for backup.

T_T_2

Seems quite clear cut, it completely fails the SoGA under the 'as described' heading. It was described as one width when it was in fact another.

Who is the 'guy' you refer to who assembled and fitted it? Is he someone you hired or is he part of the company you bought this from?

daisy1981

The company i ordered from were agreed with me that the measurements were wrong i should get a full refund then by the afternoon yesterday going to and throw to me and the manufacture they turned quite nasty they told my husband he can drive and drop the wardrobe to them there in peterborough we are in kent! i called tradinf standards today they also agreed they should collect and issue a full refund. I have sent a 1st class recorded letter today and also via email i got a response straight away. They have now come back with the manufacture will collect the wardrobe if I pay £112 for the delivery. I just can not believe the cheek of it.

I did not know the measurements were wrong until the evening when my husband came home as he turned the wardrobe round as the guy left it in sideways (as it did not fit) when i got the website up the width was 82 (which i have printed for proof) the width is 86. the website and manufacture have aditted fault but they are saying because i signed for the wardrobe which i dont have a copy of the guy told me to sign i was holding my baby at the time and left. will call trading standard again i have never deal with such poor customer services in all my life dreadful. I will not be using this company again.

daisy1981

he is part of the company i bought the wardrobe from

visidigi

you wouldnt have known the size of it without assembling it so the arguement there about having signed for it is croc and the fact it was assembled by the company who sold it is worse...

The problem is, you really shouldn't have disposed of the packaging, especially as it was clearly obvious when it was assembled that there was an issue - they aren't being unreasonable in asking you to repack it to return - its only because you disposed of them that it really an inconvinience...unless the builder took it with him? If he did then they need to be coming back to get the item.

how much was the wardrobe in the first place? how did you pay for the item?

daisy1981

No I didnt have the packaging the guy that assembled the wardrobe took the box/packaging with him. that was why i said to the company if they give me back the box i will send it back but now the company that said i could send it for free want the manufacture to collect it but charge me £112

daisy1981

the wardobe cost £392 paid on debit card

daisy1981

I am still not getting anywhere with the company they refuse to let me send the wardrobe back to them free of charge so I am now looking into going through the small claims court when i told the company this they wanted to know my case number from trading standards and names of the people ive spoken to when i told them thats the route im going to have to take as they will not agree to this. I would have rather resolved this with them, but they say its my fault as i signed the paperwork the guy gave me.

wealdroam

Send them one more letter.
Call it a letter before action.
Explain your problem... that the thing is a different size to that advertised.
Tell them what you want to happen... you want them to collect the thing and refund all the money paid, including all delivery/collection costs.
Tell them that if they do not do this within (say) 14 days you will be left with no option other than using the small claims court to recover your money.

Send the letter recorded delivery.

This trading standards website contains sample LBAs and info about the small claims processes.