Bedding ordered in Majorca - wrong size

NCISROCKS

tbw, I'm kinda struggling. Are you saying you've not paid but got the goods?

tbw

They haven't sent the wrong size - there is nothing on their list that matches the size I've got, its a king size but has been manufactured to a slightly smaller size than was stated on the order form. Its a fair bit bigger than the sizes quoted for a standrd 4'6" bed but smaller than it should be for a 5' bed. I guess that all their sizes are probably slightly smaller than they state - just the way they make them.

You are absolutely right - I've got the goods but haven't paid a bean! I was amazed that when I placed the order the salesman actually said he didn't want my credit card details and didn't even want a deposit. I was told that I had to contact the UK customer service dept (which actually turns out to be in Madrid) within 8 days of the goods being delivered by UPS - I could then give them my cc details over the phone or, alternatively, send a cheque direct to Madrid. This confused me a bit as I thought you had to have special 'european' cheques to do that, normal UK bank cheques wouldn't work, but he said it would be OK.

I can't really understand how they can send out thousands of £'s worth of goods (they told me today that 200 orders had been sent out at the same time as mine ) without payment.

System

i used to work for Rosebys and although sizes were stated on all packaging there was always somewhere a line that said sizes are approximate .

tbw

CHRISSYG wrote: »

i used to work for Rosebys and although sizes were stated on all packaging there was always somewhere a line that said sizes are approximate .

Chrissyg - there is nothing on my order form to say measurements are approximate. In fact, the paperwork states very clearly that on my return to the UK I MUST carefully check that the measurements exactly match my bed size and inform them immediately if there is a difference. It seems that I am held responsible if my measurements are wrong - but if theirs are wrong then they reckon its my fault as well!

I have emailed a letter to them stating that the underlayer is unacceptably small and fails on several counts - not as described, not fit for purpose etc. Their terms state that the contract is governed by English Law so I assume that the Sale of Goods Act covers me. I have told them I am rejecting the goods and that they should arrange for UPS to collect the package within 28 days.

They haven't got my CC details (in fact they didn't even appear to have my telephone number until I gacve it to them when I asked for a call back earlier this week) and I have no intention of giving it to them or sending them a cheque. I'm not sure how they think they can force me to pay - perhaps they will take me to court.

I have packaged the items ready for collection and have also taken a number of photos showing the sizes and the gap when its on my mattress. I have not sent copies to the company concerned - I took them in case they do try to sue me and I need to proves what the measurement differences were.

I still can't believe they sent all this expensive stuff out without even a deposit - UPS didn't even deliver it to my address, they left it with a neighbour and I don't think they got a signature. Its a good job I am honest!

tbw

I've had a response to my email informing them that I am rejecting the goods due to the sizing problem and requesting them to arrange collection. Its just a little bit terse :

Quote :
"If the item that you have received is shorter than the one that you have ordered we need you to send us pictures for us to see that the item is short. Take a picture with the tape measure on the item. This company has a replacement policy in case you receive faulty goods. Also the bedding have 5 years of guarantee.

This company has no return policy. We will not accept returns. If you reject the replacement than we consider that the item is correct." Unquote.

The order form has various conditions of sale - ie, governed by English Law, payment within 8 days of delivery otherwise debt collection agency called in, no return of 'used/soiled' goods, no goods on approval, delivery dates approximate only, gaurantee that goods are of same quality as displayed at order point and, finally FAULTY GOODS RECEIVED WILL BE RETURNABLE FREE OF CHARGE !

There is nothing whatsoever that mentions that they will have the option to replace faulty goods and, although I accept that goods are not supplied 'on approval' I don't see how this can be applied to faulty goods.

The sticking point for me is that there is nothing wrong with the quality of the goods and they are not exactly faulty ie nothing wrong with the workmanship or standard. Its just that the size is not exactly what was quoted on the order form and it doesn't fit my bed. I don't want a replacement because it appears to be a case of the quoted size only being 'approximate' not exact and I am pretty certain that all their kingsize underlayers will measure the same and will be too narrow for my bed. Obviously I can't be certain of this but they are hardly likely to make me a bigger one as a special order and I suppose that all their underlayers in stock will be the same size. I don't want to agree to a replacement and chance it being bigger than the one I've got.

I haven't used the items, its all packed up in the original packaging and in 'as delivered' condition. I don't see how they can arbitrarily state that they don't accept returns and refuse to accept even the return of faulty goods - especially when their conditions of sale state that faulty goods are returnable free of charge. If they intended to say that they would only REPLACE faulty goods then they shoulld have said so on the order/contract form. They didn't say that and, if they had said it, I wouldn't have ordered the goods.

I suppose they've put my back up a bit by (in my opinion !) appearing to ignore my rights as a customer and trying to put the screws on me. Am I wrong to think that faulty goods can be returned within a reasonable time and that the company has to take them back? Or are they right to insist that I must accept a replacement ? We are only talking about 1 day here - the problem was obvious as soon as I unpacked the goods.

tbw

A quick update - I haven't got this resolved yet but there is a little bit of movement !

I spoke to Consumer Direct and my household insurance legal section who basically said that I was within my rights to reject the goods. However, the company could well take me to court and the fact that I had not been prepared to even consider a replacement MIGHT go against me.

On their advice I sent pictures to the company clearly showing the size difference - they responded with an apology and said I had been sent a double rather than a kingsize. They said it was human error and that they could send me a kingsize. I have asked them to guarantee that I will get the right size ie 150 x 200/kingsize and exactly the same quality and they have confirmed this. They are sending out a replacement and will collect the other one once I am satisfied.

Personally, it all sounds very dubious - the size that I have is certainly NOT a double - their double is listed as being 135 x 200 and is therefore 8 cm narrower than the one I've got ! The one I have got doesn't equate to anything on their list so I really don't think they know whats what. Anyway, I will see what happens when the new delivery arrives.

I will be very happy to keep the replacement if its the right size - and I gather I will be in a much stronger position to reject the order if its still wrong as the company have admitted its the wrong size and have assured me that a replacemnt will fit my bed exactly.

tbw

I'm rapidly losing my sense of humour over this perishing order ! They sent a replacement underlayer on Friday andd, although its not exactly the right size, the difference is within acceptable limits. So, at the weekend I stripped my bed and started to make it up with the new stuff.

All was fine until I tried to put the silk overlayer/duvet into a cover. Now, my bed is 5'/kingsize and all my sheets , covers etc are also kingsize. UK kingsize duvet covers are 228W x 218L (although it can vary a couple of cms between different stores - and I have checked this with M%S, Tesco and the White Company. All their covers are pretty much the same size - as are my exisitng kingsize covers. Anyway, the duvet just would not fit into any of my covers - and, when I checked, its because the darn duvet is NOT a UK kingsize, its 220 x 240 ! Initially I thought perhaps they had sent me a superking - but thats not right either as UK superkings are 260W x 220L.

Their sizes are totally different to ours - and also totally different to whats on their order forms and what I ordered. I spoke to the company yesterday and have been told that they only make 220 x 240 and 150 x 220 duvets, that they simply don't supply UK kingsize, that I shouldn't have been able to order it and that the salesman must have made a mistake ! Rubbish really as their order form lists all the sizes - single, double, queen and kingsize with the right UK measurements.

Their answer is to tell me I must keep it all and they will give me a £299 discount - which sounds generous but doesn't solve thhe problem which is that the stuff is much bigger than I ordered and I can't get covers for it . I'm fed up with arguing with them that its useless to me however big a discount they offer so I guess the next step is that they will pass me over to a debt collector. I look forward to seeing them in court!

texranger

tbw wrote: »

I spoke to the company yesterday and have been told that they only make 220 x 240 and 150 x 220 duvets, that they simply don't supply UK kingsize

well the clue may be where you purchased it Majorca as the last time i checked this was in Spain. they have different sizes to the UK.

If you want a UK sized Duvet Cover then you purchase one in the UK

NCISROCKS

texranger wrote: »

well the clue may be where you purchased it Majorca as the last time i checked this was in Spain. they have different sizes to the UK.

If you want a UK sized Duvet Cover then you purchase one in the UK

...well clue may be where the OP says it's the duvet...not the cover.:D

tbw

texranger wrote: »

well the clue may be where you purchased it Majorca as the last time i checked this was in Spain. they have different sizes to the UK.

If you want a UK sized Duvet Cover then you purchase one in the UK

That may be so - but, when I ordered it in Majorca, it was at a sales presentation for UK customers and their order forms clearly stated a list of UK sizes. They were only too happy to take my order (and around another 6/7 other peoples orders) for bedding to fit UK sized beds. They agreed to deliver as per the sizes on the order form ie UK king size. Now they say they don't actually make any of the sizes listed on their own order form and that I shouldn't have been able to order UK sizes.

Clearly they have totally cocked this up and somebody is going to lose out - but I don't see why it should be me! Under SOGA goods must be 'as described' and 'fit for pupose' - what I've got is not as described (its 12cm bigger) and is not fit for use with UK kingsize bedlinen.

I have told them this and asked them to arrange collection - currently they are ignoring me.