Distance Selling query

KCrox

I have a friend who has bought a bed online for her ill husband. She paid on a credit card. The bed is so uncomfortable and he can not sleep on it. They have had it for a couple of weeks. Is she covered by the distance selling regulations? Can she return it? The company say not as it has been slept on. What are her rights?

halibut2209

She has 7 working days starting the day after delivery to tell the company she wishes to return it. Whether it is slept on is irrelevant.

Has she said within 7 working days starting the day after delivery that she wants to return it?

mo786uk

sounds like they have had it a couple of weeks

does it breach the sale of goods act in any way? problem is that quality and comfort are very subjective.

KCrox

I will find out when she first informed the company that it was unsuitable. The company told her to sleep on it and it "would take 4-6 weeks to achieve optimum comfort"

neilmcl

Well they are correct with that, it would usually take a few weeks to get used to a new bed. However, if it has indeed been over a couple of weeks since they received the bed and they haven't informed the seller within the necessary 7 working days then they will no longer be able to return the bed under the DSRs.

shaun_from_Africa

One important fact that needs to be ascertained is did the retailer inform your friend of their rights under the DSR's?, and if so, how and when.

Basically this means that the retailer should have told your friend of the 7 working days period during which they could cancel the contract and this information must have been provided in written form such as e-mail, letter or on the invoice/receipt supplied with the bed.

If they failed to give this info, then you friend will have 7 working days beginning the day after they receive this info. (up to a maximum time of 3 months and 7 days from purchase.
Having the DSR information available on the retailers website isn't good enough as this can easily be edited. It must be provided in a durable form that can be kept.