Unable to return bed

TKDPhil

Hi, I'd like some advice on the following.

My parents have purchased a bed from Bensons for Beds with a 40 day guarantee to swap if it is not suitable.

They have decided that it is not comfortable and would like to swap for a softer mattress. However they only ones available are considerably more expensive and they are required to add the difference.

So the basic question I have is, do they have the rights to return the bed and get a full refund?

Thanks in advance.

frugal_mike

Assuming they bought in store then they have no story right to a remedy unless the bed is faulty or in breach of contract (such as not as described). They may have a contractual right if the terms of this guarantee lets them return for a refund, but if it only allows a swap then unfortunately they may have to keep the bed.

Have they actually asked for a refund yet though? The shop may allow it out of goodwill, or be able to advise on another solution maybe.

TKDPhil

Thanks very much for the quick reply Frugal_Mike, I thought that might be the case.

Thats a good point about the refund though, I dont believe they have asked yet.

Thanks again.

Phil

Pinkypants

Sorry to say not a chance of a refund.

Upgrade possibility yes but no refund.

The 40 day thing is better then what some companies would do, but at the end of the day they still want the money.

No company (bricks and mortar stores) are going to give a refund on a tried mattresses or bed. It's just too open for abuse. People would go in buying for the spare room and just return the product for a refund after their guests have left.

Dallybally

Hi. Good luck with anything from Bensons. I bought a bed 3 years ago with a 5 year warranty, it has completely broken and they agree it is a fault. However, that bed is discontinued and they reckon they can't repair, so have offered me £100 towards a new one, even though the guarantee clearly state your get a new bed of the same value if they can't repair, and mine cost £500.

The guy From Bensons actually told us to report them to trading standards. Shows what faith their own staff have in them.

shaun_from_Africa

How did you pay for the bed Dally?
If it was by way of direct credit, (credit card or finance) then you should contact the credit supplier.
The consumer credit act makes a credit provider jointly responsible with the supplier of the goods for the contract. If Bensons won't honour the terms of the warranty, the credit supplier should.

Dallybally

It was credit card, I've sent them a letter giving them 14 days to rectify before I look at other options. We've got legal insurance, have spoken to them already and we can claim for legal help if they don't sort in the 14 days.

Shockingly bad though, not honouring the warranty and giving no explanation. All they'll say is "we're taking off a usage fee". There is no mention of usage fee in the warranty doc.

wealdroam

Dallybally wrote: »

Shockingly bad though, not honouring the warranty and giving no explanation. All they'll say is "we're taking off a usage fee". There is no mention of usage fee in the warranty doc.

They appear to be confusing themselves with the terms of their warranty versus The Sale of Goods Act.

SoGA does allow a refund to be reduced to take account of the use you have had.

Keep insisting that you are making this claim under the terms of their warranty.