Help with my consumer rights please

koverton

Hoping somebody can give me some advice


Littlewoods delivered a bed to me yesterday. I did not check it and signed for the delivery.


Left my boyfriend building the bed today. When I returned home to see the bed it is the WRONG BED


Littlewoods have informed me that because the item has been built they will not allow me to return it or replace it with the bed I ordered.


The bed isn't faulty in any way not has it incurred any fault whilst being built.


Please help!

InsideInsurance

Return under the SoGA as the item isnt as described. The fact its built or not is irrelevant to the SoGA

OlliesDad

koverton wrote: »

Hoping somebody can give me some advice


Littlewoods delivered a bed to me yesterday. I did not check it and signed for the delivery.


Left my boyfriend building the bed today. When I returned home to see the bed it is the WRONG BED


Littlewoods have informed me that because the item has been built they will not allow me to return it or replace it with the bed I ordered.


The bed isn't faulty in any way not has it incurred any fault whilst being built.


Please help!

I would advise to write to Littlewoods cancelling the contract as per your right under the Distance Selling Regulations. The only duty you have is to take care of the item.. assembling it would not remove this right.

As Littlewoods make no reference to you being responsible for return delivery, they must bear the costs.

ETA: I expect people to argue a) you are not permitted to assemble the goods and b) beds are exempt.. both are not true.

InsideInsurance

SOGA ensure the cost of return is the sellers liability. DSR allows the merchant to move the cost to the buyer if explicitly in the T&Cs

unholyangel

InsideInsurance wrote: »

SOGA ensure the cost of return is the sellers liability. DSR allows the merchant to move the cost to the buyer if explicitly in the T&Cs

However if the consumer has the right to reject the goods (ie soga), then the retailer will have to pay for the return under DSRs

InsideInsurance

unholyangel wrote: »

However if the consumer has the right to reject the goods (ie soga), then the retailer will have to pay for the return under DSRs

But there is absolutely no need to mention DSR if rejecting goods under SoGA and in fact could complicate matters by their returns policy on DSR

frugal_mike

InsideInsurance wrote: »

But there is absolutely no need to mention DSR if rejecting goods under SoGA and in fact could complicate matters by their returns policy on DSR

I think the DSR's give you slightly more rights than the SOGA in this situation. Under DSR's the retailer has 21 days to collect the bed and 30 days to refund. I may be wrong but I don't think the SOGA specifies time limits for these things.

It doesn't really matter though since you don't lose those rights just by not mentioning the DSR's.

zaax

It seems that she has not recevied the goods she has ordered and therefore can cancel the order and request the seller to collect the goods in a resonable time or she will dispose of them. In the meantime do a charge back.

It sounds it needed to be built to see that is the wrong one.

ThumbRemote

InsideInsurance wrote: »

Return under the SoGA as the item isnt as described. The fact its built or not is irrelevant to the SoGA

Strictly speaking, the retailer could try to argue that building the bed constitutes acceptance under the SoGA.


I'd dismantle the bed, phone up again to speak to someone else, and not mention that it's been assembled. That might be the simplest way to deal with it.

Littlewoods

koverton wrote: »

Hoping somebody can give me some advice


Littlewoods delivered a bed to me yesterday. I did not check it and signed for the delivery.


Left my boyfriend building the bed today. When I returned home to see the bed it is the WRONG BED


Littlewoods have informed me that because the item has been built they will not allow me to return it or replace it with the bed I ordered.


The bed isn't faulty in any way not has it incurred any fault whilst being built.


Please help!

Hi Koverton,

All items that are installed/connected or assembled are non returnable under our Home Approval Guarantee and this is explained at the time of order. Under the Sales of Goods Act, by assembling the goods you are accepting the goods as they are.

If you would like to email us at Help@Littlewoods.co.uk we can check to see what item was ordered as there may have been an error at the point of order.

Many Thanks,
Andy F
Littlewoods Help Team

zaax

Thats not what SoGA says. The defect may not have bee apparent untill assembled for example the final hole in the wrong place or a 6' bed actully 5' 10, or as happened here it looks different to the pictures