Sent wrong size dog bed?

jessica_rabbit_3

I ordered and paid for an XXL dog bed for my large greyhound. It came, and I thought it was a little small, but my dog just about fitted into it. I was going to keep it and snipped off the label - when I saw it was actually an XL. My dog really could do with the larger size, I was only going to keep it as I thought in good faith it was the biggest size I could get in this style!
The company are being a real pain, making me measure the bed again and again, disputing the label. They have finally - sort of- accepted they have sent me the wrong size, and are refusing a return and replacement, as it has been used a few times. They are only offering £10 off. I really just want the size I ordered - as my dog is very big! Any advice?

Thanks so much!

neilmcl

If you realised from the outset it was the wrong size then why allow your dog to use it, even for "a few times". This would imply you accepted it.

jessica_rabbit_3

Hi - I did not realise straight away - I would have certainly sent it back if I had and would not have let the dog use it obviously! As all paperwork had XXL on it, I took it in good faith that it was an XXL, just a little smaller than I thought it might have been from seeing it online. Let me clarify - as I believed it to be an XXL, I just thought the dog would have to deal with it being a tiny bit small, as I could not get one in this style bigger! I'm sure you can imagine it is hard to tell a few inches difference by eye. A few days later I snipped off the tiny label, to see on the back was stated XL. Is there not a grace period to discover that a mistake had been made by the company?

wealdroam

jessica_rabbit wrote: »

Is there not a grace period to discover that a mistake had been made by the company?

Yes there is.
That came to an end when you "snipped off the tiny label".

From the Sale of Goods Act, one of the tests of having accepted the goods is when the buyer...

does any act in relation to them which is inconsistent with the ownership of the seller.

jessica_rabbit_3

But I was not aware that I had been sent the wrong size at all, it was not obvious or clear. The label was the very small cardboard 'price' tag, not the goods itself - I would argue that the quote 'does any act in relation to them which is inconsistent with the ownership of the seller.' refers to the actual goods, not the packaging.

wealdroam

That's ok... you're welcome.

jessica_rabbit_3

I don't understand people on this bit of the forum - it feels a bit like I am being told off! I just came on here for a bit of friendly advice, don't think I'll bother again! A genuine mistake was made by a company and I just wanted some advice as to how to get my bigger bed when they weren't helpful.

withabix

You are being given advice.

It just isn't the answer you want.

jessica_rabbit_3

Ok, just used to people saying things like unfortunately, or sorry about that etc. It just comes across a bit harsh, like I'm stupid for not seeing a mistake straight away...

Lifeforms

You do have to remember, even if it's your first time posting, that people on here see thread after thread of mistakes by people who assume wrongly about what resolution they want (but never get told by other posters/repliers).

Unfortunately it was accepted by you, even as a mistake on your behalf. Now the company do not have to do anything, not even offer you a discount. They could ask you to return the bed, but they can't sell it again, so would be out of a bed/cost. I'd accept the £10 refund, and put it towards another bed, maybe from somewhere else though!

If unsure, always check by measurements, or labels/wrapping, as you've made the mistake to assume it was XXL, and start using it, whilst they made a mistake also to post a wrongly sized bed. Mistakes happen both sides.

If you are able to buy another, a proper size, that you feel is more comfortable for your dog, then do so, and maybe find a locally run dog home who would love a donated bed instead. A bit of good could come from it.

railbuff

we recently got a dog bed for our dog ( jack russell) so we ordered a small, when it a rried we knew it would suitable, but efore unwrapping the bed we looked for the lable and then just cut a small hole in the wrapping so we could fully read the label to make sure it was correct size and style ordered, this way if it was wrong, it was still wrapped to be returned apart from a small hole in wrapping. no way would we let the dog on it until we did these checks