Bought a 'slightly damaged' bed - not as described!!

GotNoRhythm

Please can anyone help?
I bought a metal bedframe online which was discounted by £18 as it was described as having 'slight damage and damage to packaging' (I paid using a debit card - I don't own a credit card)

The bed arrived by courier. On unpacking it, it became clear that it had previously been put together. (Either it has been an ex-display item, or it has been bought previously, put together, dismantled and returned)

It is covered in scratches and scrapes with chunks of paintwork missing, and cracked/peeling paint around the joints. One of the four finials is bent, another is dented. All of the nuts/bolts/fixings were missing. It was supplied with 8 slats - there should be 10, and the slats I received are all dirty. They attach to the bed by being slotted into plastic holders - there should be 20, I received one which was damaged beyond use. Two of the plastic 'feet' are also missing (which slot inside the poles making up the corners of the bed - to protect the carpet)

I pointed all this out to the company and asked for a refund. They have offered to send the spare parts and refund a further £15. (So the bed will have cost £125 as opposed to £158 if it had been in immaculate condition) I still feel the bed was not accurately described (It was described as 'Grade C' and with 'slight damage')

It also said that it would be non-returnable. Under the circumstances, what are my rights? If it had been described as being 'previously returned' or 'ex-display' and with a more honest description of the extent of the damage I would not have bought it!

It is dirty, used, and incomplete with (in my opinion) unrepairable damage to the finials. What are my rights?

Thank you for reading this waffle!

wealdroam

When did all this happen?

Under Distance Selling Regulations you can cancel the order within seven working days of delivery. The seven working days start with the day after delivery.

You usually must cancel in writing, email is ok.

You may be asked to pay the return costs, but not if the product is faulty.

Have a read of the OFT's Guide to the Distance Selling Regulations.
In particular, paragraphs 3.23, 3.26, 3.55 and 3.57.

bod1467

But returning as faulty is SOGA not DSR, yes? So if using DSR then you may have to pay to return it - unless their terms do NOT specify anything with respect to DSR returns. (In which case they must pay).

wealdroam

bod1467 wrote: »

But returning as faulty is SOGA not DSR, yes? So if using DSR then you may have to pay to return it - unless their terms do NOT specify anything with respect to DSR returns. (In which case they must pay).

Probably.

Para 3.57 of the OFT's guide to the DSRs does mention...

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

This discussion has happened before.
I too think it is a SOGA issue if faulty, but others say different.

arcon5

Although it does state that in the OFT guide, i've looked at the actual legislations a number of times and can't for the life of me find anything to back it up. Maybe somebody will prove me wrong.....

GotNoRhythm

wealdroam wrote: »

When did all this happen?

Under Distance Selling Regulations you can cancel the order within seven working days of delivery. The seven working days start with the day after delivery.

You usually must cancel in writing, email is ok.

You may be asked to pay the return costs, but not if the product is faulty.

Have a read of the OFT's Guide to the Distance Selling Regulations.
In particular, paragraphs 3.23, 3.26, 3.55 and 3.57.

Does this still apply, as the bed was advertised as 'slightly damaged', was reduced in price and was listed as non-returnable.
IMHO the bed is not fit for use (in its current state) and was not as described.

Also, they have sent the missing parts but the parcel is at the sorting office - should I pick it up? If I pick it up does that imply that I am willing to accept the parts as settlement to the dispute?

Thanks again.

GotNoRhythm

I found this on whatconsumer.co.uk:

"If an item is reduced in price due to a sale, your rights are the same as if it were a full priced item. If however, the item is reduced due to a defect and you are made aware of that defect, you cannot then return the item on the basis of that defect. Sounds obvious, but in many cases, the shop assistant will tell you that you cannot bring the item back at all – which is misleading. What if you buy a shirt at reduced price because of a missing button. However when you get home you discover a huge hole in the seam which you were not informed of. You know you cannot return the item due to the missing button, but you are free to return it on the basis of the dodgy seam."

The only defect I was made aware of was 'slight damage'. I have now been told in an email from the company that I could have contacted them prior to the sale and they would have told me the nature of the damage and could have supplied images. There was no mention of this in the advert for the bed on their website (it only said 'For expert advice, request a call back')

Am I entitled to send it back as I wasn't told that the bed is not 'new', or that the description of 'slight damage' was misleading (and subjective!)
Do I still have the same rights as a 'distance purchaser' when I was made aware that the bed was damaged?

Sorry - so many questions!
I appreciate your replies

steven504

How long after it was delivered did you ask them for a refund?

arcon5

GotNoRhythm wrote: »

The only defect I was made aware of was 'slight damage'. I have now been told in an email from the company that I could have contacted them prior to the sale and they would have told me the nature of the damage and could have supplied images. There was no mention of this in the advert for the bed on their website (it only said 'For expert advice, request a call back')

Am I entitled to send it back as I wasn't told that the bed is not 'new', or that the description of 'slight damage' was misleading (and subjective!)
Do I still have the same rights as a 'distance purchaser' when I was made aware that the bed was damaged?

Personally I would take the words 'slight damage' as just that, 'slightly' damaged -- some scrapes, minor imperfections on paintwork (basically showroom quality), but I wouldn't expect it to have that + plus bent bars, dents, missing parts ect. I would describe this a materially not as described as covered by SOGA -- but thats based on what you describe, if I saw pictures it may be different.

I would assume any reasonable person would agree with my definition, but maybe i'm wrong and your correct in that it is a fairly subjective description.

With regards to what you can do, I quote a previous poster:

wealdroam wrote: »

When did all this happen?

Under Distance Selling Regulations you can cancel the order within seven working days of delivery. The seven working days start with the day after delivery.

You usually must cancel in writing, email is ok.

You may be asked to pay the return costs, but not if the product is faulty.

Have a read of the OFT's Guide to the Distance Selling Regulations.
In particular, paragraphs 3.23, 3.26, 3.55 and 3.57.

Even if the bed was described perfectly, you still have the unconditional right to cancel under DSRs for qualifying purchases (a bed is not excempt from this)

GotNoRhythm

steven504 wrote: »

How long after it was delivered did you ask them for a refund?

I contacted them the same day to advise them of the missing items/damage. They offered to send the spare parts. I later realised that other parts were missing and called them back (same day). I spoke to a different adviser than the first one, who told me to go to the website and fill in a returns form which I did. By the time I got to fill in the returns form I had decided that I would rather have a refund than accept the spare parts.
All this happened on the same day the bed was delivered (Weds 28/09/11)

unholyangel

Personally in the case of a bed frame, i would class "slightly damaged" as perhaps a few scratches, maybe a dent in the frame.

I woulld not expect massive damage unless the discount was significant (ie 50%).

IMO, if they wished to absolve themselves of liability should you wish to return it because of defects/damage, they should have made clear exactly what the damage was and the price should have reflected this. 11% discount i would expect to be minor cosmetic damage.