Issue with Bed

jtotheb

So, where I am on this.

1. I don't want a refund, I like this bed, have found nothing else around that I like the style of. I just want the bed to be of satisfactory quality etc etc.
2. I want them to repair / replace the bed that I have.

What I don't understand (and can't seem to find anywhere) is where I stand legally on this. They've offered what, to most people would be the perfect situation. They're happy for me to keep the bed until we source a replacement, at which point they will collect this bed and (providing it's still in it's current condition) they will issue a full refund.

Can I still legally refuse this and insist that they repair / replace it?

If they won't repair / replace, where would I likely get with court action / a chargeback request on my card? I've spent a fairly considerable amount of my own time sorting this out now and if they refuse to repair / replace it, I'm going to need to employ someone to do it.

InsideInsurance

jtotheb wrote: »

Can I still legally refuse this and insist that they repair / replace it?

If they won't repair / replace, where would I likely get with court action / a chargeback request on my card? I've spent a fairly considerable amount of my own time sorting this out now and if they refuse to repair / replace it, I'm going to need to employ someone to do it.

No, you can never legally insist on a repair or replacement. The only thing you can possibly insist on is a refund

The court/ card would be the same, you get a refund.

As previously said, it sounds like it may be simpliest to negotiate a partial refund, keep the bed and use that monies towards getting it repaired by someone else.

jtotheb

InsideInsurance wrote: »

No, you can never legally insist on a repair or replacement. The only thing you can possibly insist on is a refund

The court/ card would be the same, you get a refund.

As previously said, it sounds like it may be simpliest to negotiate a partial refund, keep the bed and use that monies towards getting it repaired by someone else.

Presumably though, should for example another fault occur in a years time, the supplier could argue that the bed has been modified / tampered with and as such might refuse to touch it?

sheramber

It sounds like there is something lacking in quality control since even the manufacturer agreed it was poorly made.

I doubt you are going to get a satisfactory one.

You could try contacting the manufacturer to ask if they can supply on direct to you.

InsideInsurance

jtotheb wrote: »

Presumably though, should for example another fault occur in a years time, the supplier could argue that the bed has been modified / tampered with and as such might refuse to touch it?

There is a risk of it but naturally it will depend on whats broken now -v- what fails in the future. If the repairers glue some fabric on the base back and a year later the mattress fails they are unlikely to be able to claim the two are related.

The issue is the OP doesnt want the full refund and having to find another bed from elsewhere

unholyangel

jtotheb wrote: »

Presumably though, should for example another fault occur in a years time, the supplier could argue that the bed has been modified / tampered with and as such might refuse to touch it?

Only if their repair work was responsible for the fault.

2.1.4 A variety of different types of wording can have the effect of excluding
liability for unsatisfactory goods. For example,
• Terms which end rights to redress after the consumer has dealt with
the goods in a particular way.
Even where goods have been legally 'accepted', for example, by being
used repeatedly or modified in some way, the supplier remains liable to provide redress if they subsequently prove to have been defective
when sold.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Under the heading "exclusion of liability for faulty or misdescribed goods".

jtotheb

What I'm worried about more than anything with getting a refund from them is as per my post above..

They're happy for me to keep the bed until we source a replacement, at which point they will collect this bed and (providing it's still in it's current condition) they will issue a full refund.

My relationship with this supplier has been strained to say the least over the last few months and I'm not convinced that they wouldn't try and wriggle out of refunding me the full amount if they don't deem it's condition satisfactory when they collect it.

At that point, they have my money and the bed I've bought. How can I protect myself from that?

Pinkypants

Only solution is for them to collect it asap and refund you asap.

unholyangel

jtotheb wrote: »

What I'm worried about more than anything with getting a refund from them is as per my post above..

They're happy for me to keep the bed until we source a replacement, at which point they will collect this bed and (providing it's still in it's current condition) they will issue a full refund.

My relationship with this supplier has been strained to say the least over the last few months and I'm not convinced that they wouldn't try and wriggle out of refunding me the full amount if they don't deem it's condition satisfactory when they collect it.

At that point, they have my money and the bed I've bought. How can I protect myself from that?

Given you've been waiting on this bed (in a satisfactory state) since March, what have you been using to sleep in since then? Is that no longer an option?

jtotheb

unholyangel wrote: »

Given you've been waiting on this bed (in a satisfactory state) since March, what have you been using to sleep in since then? Is that no longer an option?

We've kept each bed until they've been able to deliver a replacement