Can I cancel a bed that's ordered?

Scooby_Drew

Hi Guys,

Longish story, so please bear with me...

I went in to Sleepmasters bed shop a couple of weeks ago to pick a bed... we found one, but it was expensive, so we decided to have a think about it.

A couple of days later, we decided to order it, so called the shop and paid a £160 deposit over the phone. My partner then went in another few days later and paid the balance. Total is £660. The bed is scheduled for delivery on Monday 22nd.

Anyway, we were told that we had 30 days during which, if we found the bed cheaper elsewhere, they would refund the difference.

Lo and behold, last night I did a quick check and it's £110 cheaper on Sleepmasters website!! I called the shop and they claimed that it didn't count as it wasn't another retailer, so wasn't really "elsewhere". The manager is conveniently away until Friday.

The website says:
"Low price guarantee

Our pledge to our customers is that we will beat any price offered by other national or local bed retailers on any bed in our extensive range.
If within 30 days of purchase, evidence is provided that the same product is being sold or advertised at a lower price, we commit to refund the difference... plus the extra amount below."


So, I read that out to the young lad, and told him that as the bed hadn't even been delivered yet, I would like to cancel the order. He then informed me that there was a 20% charge for cancellations covered in the terms and conditions!!!



I have checked the invoice and it says "I agree that I have received and I am bound by the terms and conditions of sale (see attached leaflet)" There is no attached leaflet and neither myself, nor my partner, has signed anything, as the first payment was done over the phone... had I actually seen the Ts and Cs, I would have made a smaller deposit and paid the outstanding amount at the last minute.



Where do I stand? Can I claim a 100% refund? Are they obliged to honour their price match guarantee?



Thanks in advance...

arcon5

When ordering instore you do not have a statutory right to canel or return goods. They they can refuse to cancel the order.

However, if I was you I would send them an email detailing the above, this way you have written evidence if after the 30 days they turn around and say 'sorry, we don't have records of these conversations'. The only way I can think of them trying to get out of it would be if they said they do not class a website as a "retailed" in their like for like price comparison.
Keep pushing this though...maybe write to head office?

Flyboy152

Scooby_Drew wrote: »

Hi Guys,

Longish story, so please bear with me...

I went in to Sleepmasters bed shop a couple of weeks ago to pick a bed... we found one, but it was expensive, so we decided to have a think about it.

A couple of days later, we decided to order it, so called the shop and paid a £160 deposit over the phone. My partner then went in another few days later and paid the balance. Total is £660. The bed is scheduled for delivery on Monday 22nd.

Anyway, we were told that we had 30 days during which, if we found the bed cheaper elsewhere, they would refund the difference.

Lo and behold, last night I did a quick check and it's £110 cheaper on Sleepmasters website!! I called the shop and they claimed that it didn't count as it wasn't another retailer, so wasn't really "elsewhere". The manager is conveniently away until Friday.

The website says:
"Low price guarantee

Our pledge to our customers is that we will beat any price offered by other national or local bed retailers on any bed in our extensive range.
If within 30 days of purchase, evidence is provided that the same product is being sold or advertised at a lower price, we commit to refund the difference... plus the extra amount below."


So, I read that out to the young lad, and told him that as the bed hadn't even been delivered yet, I would like to cancel the order. He then informed me that there was a 20% charge for cancellations covered in the terms and conditions!!!



I have checked the invoice and it says "I agree that I have received and I am bound by the terms and conditions of sale (see attached leaflet)" There is no attached leaflet and neither myself, nor my partner, has signed anything, as the first payment was done over the phone... had I actually seen the Ts and Cs, I would have made a smaller deposit and paid the outstanding amount at the last minute.



Where do I stand? Can I claim a 100% refund? Are they obliged to honour their price match guarantee?



Thanks in advance...

Do they limit the price guarantee to their sellers in its terms and conditions?

InsideInsurance

Flyboy152 wrote: »

Do they limit the price guarantee to their sellers in its terms and conditions?

Even the marketing message which the OP posted stated it limits it to other retailers prices not their own:

Our pledge to our customers is that we will beat any price offered by other national or local bed retailers on any bed in our extensive range.

It is not uncommon for companies to do it as it prevents them having to price match either their own web prices or having to give discounts to people who buy just before a sale starts.

The catch with the large bed companies is that they tend to be large enough to get the manufacturers to rename the products so the promise is basically useless as you will never find the exact same item sold anywhere else.

Scooby_Drew

Do they limit the price guarantee to their sellers in its terms and conditions?

---

I can't find their T&Cs as they didn't give us a copy...

Scooby_Drew

I've spoken to them again and they have told me that I am bound by their T&Cs even though I have never seen them or signed a contract.

I feel I've been misled by the shop staff and am disgusted at the way they have handled this.

Can they really enforce a 20% "fine" for "admin" on a bed that hasn't even been delivered to their distribution centre?

I will be avoiding this company from now on, for other beds I need to replace... All nice as pie to you when they want you to buy a bed, but as soon as there's a problem, they're not interested.

Flyboy152

Scooby_Drew wrote: »

I've spoken to them again and they have told me that I am bound by their T&Cs even though I have never seen them or signed a contract.

I feel I've been misled by the shop staff and am disgusted at the way they have handled this.

Can they really enforce a 20% "fine" for "admin" on a bed that hasn't even been delivered to their distribution centre?

I will be avoiding this company from now on, for other beds I need to replace... All nice as pie to you when they want you to buy a bed, but as soon as there's a problem, they're not interested.

How did you pay for the bed?

Scooby_Drew

How did you pay for the bed?

---

Credit card...

Flyboy152

Then it might be an idea to discuss it with them. Let them know of the seller's commitment to refund the difference and their subsequent refusal. It is a long shot, but worth it. They might side with the seller, but seeing as the seller is offering a partial refund it might muddy the waters, or give the the card issuer the impression they are imposing an unfair financial penalty on you.

ETA:

Thinking more on it; theoretically, the seller is only entitled to any genuine losses they incur and to retain twenty per cent of the cost definitely sounds like a financial penalty.