oakFurnitureLand

joeypesci

Bought a bed and mattress from them in store. All arrived yesterday. Bed put together fine, mattress goes on bed fine, I lift the mattress to flip it over and at the middle edge where I was holding the mattress it split. Surely it should last longer than a few minutes on the bed.

I've called them and they are requesting photos and have told me to carrying on using the mattress as they don't want me to have to sleep on the floor.

I'm just curious to know my rights he so I can defend myself if they claim this was my own fault. Surely the mattress, that cost £329 should last longer than this.

Although their service so far has been good, I noticed their sales on their site never appear to be ending. I thought that wasn't legal? Claiming you are in a sale when you aren't because that discount appears to apply all the time. I bought the bed and mattress in the January sale that was almost over, there was a timer with one day left. Then they went into a "Winter sale". I watched that the other day with about 2 days left. Now that's ended they are on a 50% sale. All prices have stayed the same as when I bought in the January sale.

Also a lot of their T&C appear to be unlawful. Claims of restocking fees and claiming you MUST keep all original packaging. But the Distance Selling Regulation states you do not need to keep all original package. Also the claim at the door by the delivery that I have 2 days to check the package. No, in fact I have 7 days to check the package (or is it 14) from the point of delivery.

I get the feeling they maybe an OK company but try to by pass a long of the trade regulations in the hope people never pull them up on this.

I'm sending them the photos now and will see what they say.

bris

The DSR are no longer in use but replaced by the Consumer Contract Regulations which are similar but give retailers a bit more rights when it comes to returns. The main one being able to reduce the refund for any diminished value they deem they have suffered as a result in the return, maybe they could take the packaging as an excuse for that. but restocking fees are still a no no.


As for checking there is no time limit to check the goods but should be in reasonable time rather than set time as such, circumstances can be taken into consideration.


As for their sales, well they are not alone, all the big furniture, kitchen, double glazing etc stores all do it, one deal ends and another bigger better one takes it's place. This is not illegal because they know how the law and how regulations work by having their latest deal in the corner of a store for the correct amount of days before launching it every where.

joeypesci

Thanks. Didn't know the DSR is no longer in use shame, I had a copy of the book in PDF format they'd send to companies. I'd refer to it whenever I had problems with a company, saved me once regarding an illegal restocking fee a company attempted to slap me with. They backed down when Trading Standards got involved.

Pinkypants

You still have still have the sales of goods act though, which states goods should be fit for purpose, last a reasonable amount of time etc...

joeypesci

I should of updated this. They were nice and said it shouldn't of happened and replaced the mattress. The company that came to pick it up were also disgusted as when they picked the mattress up to put in the van, it ripped even more.

New one has been fine.