Bedding ordered in Majorca - wrong size

tbw

I'd appreciate some advice on how to deal with this - its complicated by the fact that I ordered some expensive bedding while on holiday recently in Majorca and I'm uncertain if where the order was placed makes a difference.

I ordered a kit containing a lambswool underlayer, a silk duvet , 2 lambswool pillows and 2 lambswool 'throws'. The price was £999 with free delivery and the items were to fit a kingsize, 5' x 6' bed - the exact sizes of the items was clearly marked on the order form and I was told to check the exact size of my bed when I returned to the UK to make certain the items were the correct size. The sizes were spot on.

The items were delivered ( 3 weeks earlier than expected and while I was away again - not a huge problem as my neighbour kindly took the package in for me). Yesterday, on my return home, I unpacked the items and stripped off my bed ready to put the underlayer on. I was not at all happy to find that the underlayer, although the same length as my bed, is around 4" too narrow. The darn thing is supposed to measure 150 x 200 mm - but its only 140 mm wide including the inch wide binding all round the edge. I expected the measurements to be exactly as per the order form so that the overlayer would exactly fit my existing mattress and I'm feeling rather put out that there is a fair sized gap at the sides.

I know that mattresses are not always as wide as a bed frame but this item wasn't ordered 'to fit a 5' bed' - it was ordered as being exactly 5 ' wide IFYSWIM.

I've phoned their CS department and they insist that I have no rights to cancel the order and return the goods as their contract terms state that goods are not supplied on approval. They have said that they may be prepared to replace the underlayer if they have sent the wrong size - but that won't help as they clearly haven't sent thw wrong size, they are just manufacturing underlayers that are not as wide as their order forms state. So any replacement will still be undersized for my mattress.

Once she started spouting that I had no rights at all to return/cancel the order (even though its incorrect) I did get a bit cross and told her that, whatever she said about her 'rules', her company had supllied goods that were not as described and that she WOULD take the whole package back. I wasn't rude, just very firm. She said that I would have to keep the goods and that if I tried to return them she would 'take the matter further'. I assume she means she will sue me.

I have told her that she can say what she likes but I am going to re-pack the items and that she should arrange for UPS to collect them as soon as possible. She said that will not happen so I told her I would put my comments etc in writing and that I would give her a sensible time limit to arrange collection after which I would assume that her company no longer had any interest in the goods. The order form does clearly state that faulty goods can be returned free of charge - it says nothing at all about having to accept a replacement.

Does my proposed course of action seem reasonable or am I up a gumtree? I should add that I have no problem with the quality of the goods (other than the size!) - its not a case of me changing my mind about the stuff and I'm really disappointed that its all gone wrong. I'm just pretty p***** off that the company are trying to force me to accept an item that is not as big as its supposed to be. If I could be absolutely certain that they would send a correctly sized item then I would be happy to keep it all - but I can't see that happening.

What may help my case is that I haven't actually paid for the items - when I ordered the stuff the salesman said he didn't need even a deposit and that I would pay by credit card or cheque after delivery! So at least they cannot take any money from me.

isplumm

Hi,

The question is - are the goods from abroad & the company you ordered from abroad?

I am not sure what rights you have if that is the case?

Not much I suspect.

Mark

lynnemcf

Why are you so sure

"that won't help as they clearly haven't sent thw wrong size, they are just manufacturing underlayers that are not as wide as their order forms state"

I did a quick google for wool underlays and they are made in many sizes:

http://www.sleep-matters.co.uk/info/Help+with+sizes.html

Double underlay
140cm x 200cm

King underlay
155cm x 200cm

System

hi, is it the 150mm that's measuring wrong ? [140 x 200 ?]

tbw

The company is based in Spain and I ordered while on holiday in Majorca. I was told they had a UK customer service office - and assumed that was in the UK but its not, the phone number is patched through to Madrid.

Its the 150 mm width that is too small.

The reason I feel that all their king size underlayers will be the same is that their order form gives exact sizes for single, double and king size beds. They are their standard sizes, no option for any variations. I appreciate that other manufacturers may be slightly different but this one gives 150 x 200 mm - and my one isn't that wide! They haven't made this especially for me - its their standard sizing.

I suppose they might sue me - not sure how that works though from Spain. I have re-read all the small print on the order form and, although it jabbers on about 'no cancellations after 8 days' it says very little about returns other than -faulty goods will be retunable free of charge'. They haven't got my CC details and I am not going to send them a cheque - I'm hoping that they will arrange for a collection once they realise that they are not getting any money out of me. The goods are not exactly faulty, just missized but should hopefully be covered under the free returns clause ?

aliasojo

tbw wrote: »

.

Its the 150 mm width that is too small.

The reason I feel that all their king size underlayers will be the same is that their order form gives exact sizes for single, double and king size beds. They are their standard sizes, no option for any variations. I appreciate that other manufacturers may be slightly different but this one gives 150 x 200 mm - and my one isn't that wide! They haven't made this especially for me - its their standard sizing.

Is there anything in the small print about possible variations in size?

Are you able to take a picture of the underlayer with a tape measure placed across it and email to them pointing out they have not supplied a) what they stated they would and b) what you paid for?

ThumbRemote

Given it sounds as thought you haven't yet paid, I think you've got the upper hand.

Contact them in writing (email or post) to explain the problem and give them two options, to supply a correct sized underlay or collect the goods for return back to themselves.

tbw

Nothing in the small print about size variations. The instructions do say that I should check my bed size very carefully to ensure that my mattress is exactly the same size as the measurements on the order form. I did check and the measurements were identical. Its just that their measurements are a bit short on the actual item.

I will write to them and tell them I am rejecting the items as the underlayer is not as described (there was a hefty discount for ordering all the items together so I can't keep just part of it, it all goes together). I will ask them to arrange a UPS collection within the next 4 weeks (does that seem reasonable?) I don't feel particularly inclined to send them a photo - but perhaps it would be sensible for me to take some pics and keep them as possible evidence if they do try to sue me.

I'm hoping that they will realise that getting me to pay them might be more hassle than its worth and that simply taking the goods back would be much easier. If they don't take the goods back then they will face a long wait for the money (hopefully forever) and they will not have the use of the goods to resell either. I suspect they are using scare tactics at the moment.

Thank you all for your comments.

pimento

How much??

tbw

pimento wrote: »

How much??

Sorry Pimento - how much for what? Do you mean the whole package - I thought I had said above it was £999 after the discount for ordering all the items rather than just a couple of bits. It might sound a lot but the underlayer was really thick lambswool and the duvet was 100% silk. I also got 2 big lambswool throws and 2 special pillows. The quality was excellent and I don't think I was 'seen off' over the quality, just the perishing sizes!

It appears that, on the very rare occasions when they MIGHT allow a return (odd as they also say no returns are ever allowed!) they want 30% of the cost for admin/collection charges ie £300 - which also seems OTT.

somethingcorporate

Are you sure they have not just sent you the wrong size?