Dreams Bed Store? Nightmares would be a better name

cjs1892

Need to vent spleen even if there is nothing that can be done. So forgive the rant and marvel at the customer services from Dreams "Britain's Leading Bed Specialist".

We into the store to find a suitable super king size mattress. As we live in an old victorian house with a narrow staircase we thought we had better check that we could get it up the stairs (our current mattress was the zip and link type which comes in 2 bits - so we were well aware of the situation). We explained the situation to the salesman who assured us that they were very bendy and flexible and would have no trouble getting round the tightest of corners.

We went home to think about it then decided to proceed, so called up the store to place the order. Again, checking that the size would not be an issue. We were assured not.

When it arrived the delivery people took one look at the stairs and said that it would never get up there. After spending some time with them trying to persuade us firstly to sign a disclaimer so that they could attempt to get it up but they would not be liable for any damage, and then to sign the delivery receipt as they couldn't take it away, we eventually refused to take delivery and they took it away.

I called the store and explained the situation. They said that as I couldn't prove we had had this conversation with the salesman it was tough. And that the terms and conditions (which I had never even seen or received subsequently) stated that I would be liable if the mattress didn't fit where we wanted it to. They would however exchange it for the cost of the difference PLUS an additional £80. Likewise - we would not be refunded our money unless we paid an £80 charge.

Next stop was Dreams "customer services". Explained the situation. The woman I spoke to even said "this has happened quite a lot recently" (which being in customer services myself I found staggering they would admit to a customer) before sticking with the line that we would have to pay £80 plus the cost of upgrading to a zip and link mattress (at least another £300) as it was stated in the terms and conditions (which i never saw).

So this is a company who seemingly is happy for their sales assistants to say anything to get a sale and then do nothing about it when it causes all manner of grief to their customers as a result.

Legally - i am sure I am over a barrel but I would have expected the company to go out of its way to help someone that one of their own staff had caused. But they seem only interested in getting what money they can.

As a little side issue - the salesman offered us £10 off to complete on the day. It turns out that this is in lieu of their "Comfort Guarantee" that would have allowed us to to return the bed with 40 days anyhow. But of course this was not mentioned to us. Had we have known that this was instead of this additional protection we would never had taken it. But i guess the view was anything to complete the sale.

Anyone considering using this shop would be well advised to record all communications that they have. Or better still. Go somewhere else.

Rant over.

Astaroth

I must say that having been looking for a new bed recently and dont like the whole setup in the industry - especially with the big brands (silent night etc) renaming the models for different clients (dreams, harveys etc) and so you have no idea what you are really buying and makes any price promises a waste of time.

I would however double check with the likes of the citizens advice bearux/ trading standards or better the legal advice line on your home insurance (if you have taken out the optional extra) to check where you stand with it seeing as you actually bought the item as distance selling and not in person and therefore may have been entitled to a cooling off period

furrypolka

You didn't buy via distance selling as you had been into the store to view the item, even if the order was then placed via the telephone it wouldn't come under the Distance Selling Regs as you have had face to face contact and been able to see the goods. So there would be no cooling off period under these Regs.

What you would be looking at is the Misrepresentation Act 1967, which states that if one party to a contract makes a false statement to the other party in order to induce them into entering the contract, the contract is voidable in law.

You can say that their promise that the mattress would fit (after you gave them the measurements) constitutes a false statement and you relied upon this statement which directly induced you to enter a contract to buy the mattress. Had you not been told this, you would not have bought the mattress.

Also you might want to look at the Sale of Goods Act and fit for purpose element. You told the store that the purpose of the mattress was to be used in your home and transportable up a narrow flight of stairs, therefore as this was not possible the goods were not fit for the purpose that you had made clear to the seller.

Incidentally, if you were not able to view their terms and conditions before sale and they did not make you aware of them, then they cannot apply to your contract. Traders cannot apply terms to a contract in retrospect - consumers must be aware of the terms before they enter into the contract.

The issue you have here is that of proof - being able to prove verbal conversations is always a stumbling block in law.

However, that said, in a court, the judge would have to decide on the balance of probabilities whether it is more likely that you did have this conversation with the seller, or not.

As you are clearly already well aware of the issue with your large bed and the staircase, I would imagine in these circumstances a judge would consider it more likely that the conversation did take place.

Obviously I can't guarantee that as I'm not the judge in this case and results of cases can never be 100% predicted, but that would be my opinion.