Broken Bed - Any returns rights?

catlow_88

Hi everyone,

I bought a new bed about 9 months ago from a seller on ebay (the seller is a company and not a private listing and was sold as a new item). A bed frame and mattress combo for £199. Since I received it, I have had problems with one side of the bed. The screws have been unscrewing themselves from the wooden frame of the bed and collapsing one side which has been unfortunate but not un-repairable.

Tonight though (hence the time of writing this) my girlfriend and I have sat on the edge of the bed, not from a great height and both being of average weight and all three of the screws have sheared clean in half! Thus, one side of the bed has now collapsed to the floor.

I need to know if I have any rights to return this item. I know the burden of proof for faulty at time of sale is now on me but I'm not sure if the screws shearing would be enough. On a side note, the 2 "legs" under the bed have also bent due to the previous "screw falling out" incidents which certainly hasn't helped matters. I'm also confused as to how they would arrange a replacement. The mattress would not be returnable and has no fault so how would they assign a value to any refund or exchange?

Thanks in advance for your help everyone!

the_lunatic_is_in_my_head

You would be covered under the Sale of Goods Act but enforcing this could be difficult, the first step is to contact the seller and see what they say.

If faulty/not fit for purpose you are entitled to a repair, replacement or refund, at the discretion of the seller, and a refund would be proportional based upon the use you've had vs the expected lifespan of the product. I think the product would be looked upon as one rather than the frame/mattress being separate as both were supplied together as one contract.

If the seller didn't want to resolve you'd have to go via the small claims court and demonstrate that the goods were not of the required quality which could be difficult as the seller could easily argue 3 screws being sheared was caused by more than sleeping on the bed.

Without an report from a professional to highlight the construction of the item isn't suitable for usual use I don't think you'd win.

The seller may just resolve for you, if they didn't some DIY to screw the bed back together may be the easiest answer in this case.

£200 for a bed and mattress is a very good price but the build quality of these cheap frames isn't usually great, as quality furniture is typically expensive, and I think you'd find it very hard to argue you've only been sleeping in the bed

Crowqueen

LOL at that last remark. A bed should however be designed for that unless it is specifically for use in a monastery...

Do you have a guarantee at all?

catlow_88

Thanks for the help so far! In answer to some of your questions, the bed has been used for purposes other than sleeping of course. Having said that however, the bed has neer broken during that activity (trying to keep it clean here!). It has only ever broken itself when people are sitting on it or something similar. I have also checked the sellers company information, returns policy etc for any mention of a guarantee but sadly nothing! So I'm unsure if that means I don't have a guarantee or if that means they just haven't told me!

catlow_88

One other thought, would the fact that only 1 side of the bed is failing be a sign of an inherent fault in the design. If it was due to "misuse" surely you would expect both sides to be having the same problem? Jut a thought!

the_lunatic_is_in_my_head

Crowqueen wrote: »

LOL at that last remark. A bed should however be designed for that

Perhaps depends how excited you get

I agree it shouldn't break though "normal" use, I think the best bet is to contact the seller (a phone call may be better for this type of thing), see what their response/attitude is and if not positive for you come back here for some more advice on where you can go next.

Without knowing the build quality it's hard to advise, my bed is held together with several chunky bolts, if they managed to shear it couldn't be classed as due to a fault.

If the bed is held together with smaller screws which aren't really suitable then you'd have a case but if going to court an engineers report on the build quality would be a good idea (the cost of which would be awarded to you by the court if you won).

If you funded your payment by a credit card or VISA card you may have some protection there but it depends on the terms.

Either way the first step to approach the seller.