refund on bad bed

emmieco

Hi all. can someone please give me some advice. I brought a memory foam king size bed in may this year , The base has broken and the mattress has body shapes indented in to it ( only myself a tiny lady and 7 year old autistic son have slept in it () and the mattress has gone all bobbly, I got in touch with the supplier whom is on amazon and after stating the sadfart rules was told that yes I can have a exchange or refund as long as I pay £70 to get their delivery men to come and get it as if I don't then they will be out of pocket . is this right , surely they should pay as the bed is not fit for purpose and should of lasted a lot longer than 6 months.

Pinkypants

You are quite right, they should be paying for the cost of delivery.

Getting them to do so though may be a bit of a battle. How did you pay? Credit or Debit card? If credit and it was over £100 then the credit card company should be able to help.

You may have to threaten Trading Standards or legal action before they bother to help you.

The joys of buying cheap stuff of the net! Poor quality products backed up with even worse customer service.

unholyangel

When you contacted them to report the fault.....was it more or less than 6 months since purchase?

The SoGA has a 6 month cut off. Within 6 months, its up to the retailer to prove the fault isn't inherent. After 6 months, its up to the consumer to prove it was.

If you're over the 6 month period, they may be offering a replacement under warranty - in which case they can have any terms they like providing theyre not unfair terms.

If it was less than 6 months from purchase then as above, they're responsible for costs involved in repairing or replacing.

From SoGA:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Pinkypants

I wouldn't be quoting the Sales of goods act to them yet.

I'd just be asking how long the guarantee is?

unholyangel

Pinkypants wrote: »

I wouldn't be quoting the Sales of goods act to them yet.

I'd just be asking how long the guarantee is?

Why? I don't even see how the length of the guarantee is relevant to OP's circumstances. Under guarantee OP would be responsible for the £70 delivery charge they're asking for if that's what the guarantee says.


I'm a bit confused why you'd say you wouldn't mention SoGA just yet but are saying credit card company should be able to help - since credit card company would only be able to help as section 75 of the consumer credit act makes them jointly liable - in other words you'd be chasing the card company under your SoGA rights also.







Unless perhaps you've confused two threads? I do it sometimes when I've read far too many. All start to blend into one! :rotfl:

Pinkypants

Only as I was under the impression that with a guarantee the consumer doesn't have to prove inherent fault. Which can be time consuming and added cost.


Also where I work we have never charged to deliver a replacement faulty product if within the one year guarantee.


99% of the Guarantee from the manufacturers that we deal with state nothing about delivery cost of replacement faulty products. Therefore if not stated it should be free.

They do on their "warranties" but not Guarantee.

Pinkypants

Emmieco, what model is it and who sold it to you?

frugal_mike

Pinkypants wrote: »

Only as I was under the impression that with a guarantee the consumer doesn't have to prove inherent fault. Which can be time consuming and added cost.

You don't have to prove it is an inherent fault under the Sale of Goods Act if it is less than 6 months after purchase. The law assumes all faults are inherent in this period.

Pinkypants

frugal_mike wrote: »

You don't have to prove it is an inherent fault under the Sale of Goods Act if it is less than 6 months after purchase. The law assumes all faults are inherent in this period.

Thank you for that information, but as OP has said surely it should last longer then 6 months. I'm guessing it is older then 6 months.

frugal_mike

Well perhaps, but it could have just been convenient rounding to a nice figure which I assume is why unholyangel asked.