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Rights on telephone purchase

Empty_pockets
Empty_pockets Posts: 1,068 Forumite
edited 5 March 2016 at 5:52PM in Consumer rights
Hello,

Wondering if anyone can give me their thoughts on a potential issue I may have.

We viewed a expensive king size bed in a independent local shop, tried it and liked it. Didn't commit. Also mentioned we would need a single mattress. Very briefly looked at a couple that were recommended which were around the £180 RRP mark and seems a reasonable quality.

Checked online for price comparison and found the King size cheaper elsewhere (£1160).

I had good service and advice from the independent bed shop so wanted to order for there. I was pleased when they said they would do a price match.

I had online, a decent single (rrp£199) and the king at a total price of £1259.

They were struggling a bit with the price so I said 'look, I've £1300 budget, I need the King and a decent quality single. They agreed that and assumed I wanted a divan base as well as the single mattress. I explained I just needed the mattress but it must be of good quality. Unfortunately we couldn't work out which ones I viewed in the shop but considering he was happy to offer a divan, I figured he would have more margin now for a better single mattress.
I paid £200 deposit by debit card over the telephone. Received a paper receipt a few days later showing the Harrison King and an Apollo single mattress for £1300. The prices are not separated.


6 weeks forward and our king size is ready. I phoned to pay balance and asked about the Apollo single. I was told is was a basic open spring mattress with a retail of £125.
I feel this is a bit of a cheaper one than they could have done considering I had a cheaper deal elsewhere for a mattress with RRP of £199.

I'm going to go through tomorrow and speak to them face to face to ask if they will upgrade the mattress or if we can't came to an agreement maybe I just pay the £1160 for the kingsize and forget about the single.

My question is, if they were to not accept any deal is there any way I could use Section 75 or charge back to get back the cost of the single.

I'm more than happy with the king, just feel they've made some money back on me by giving a cheaper single than they should have as I bought it unseen.

Balance of £1100 is yet to be paid.

Thanks

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hello,

    Wondering if anyone can give me their thoughts on a potential issue I may have.

    We viewed a expensive king size bed in a independent local shop, tried it and liked it.
    Thanks
    That's all I read, I now assume you called them and placed the order. in this case you have now entered into a contract to buy what you ordered and alteration or cancellations are either good will or per the retailers T&C's if they allow for it.


    By visiting the store it is not classed as a distance sale so the distance sale part of the CCR's don't apply.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    I would agree with bris, this is not a distance sale.

    You asked for "a decent quality single". I expect the shop would argue that is what they are supplying.
  • Empty_pockets
    Empty_pockets Posts: 1,068 Forumite
    Just to update on this. Visited the shop yesterday and viewed the Apollo single that they were offering. If was pretty crappy, basically the cheapest nastiest bed they have.

    Explained my position and that I wasn't happy with what they'd allocated. They really didn't want to upgrade their offer as I think they were making minimal profit after the price reduction on the King size.

    After a bit of back and forth they offered me a much better quality memory foam style mattress at cost (£50).
    Accepted that and paid the balance plus the extra 50.

    I think the bloke was a bit !!!!ed off but that's business. I could have had better for less elsewhere so makes me think asking people to price match can sometimes strain relations from the outset. Better to just buy from the folk that have it priced right in the first place.

    Never been a fan of these 'super sales' whether it be furniture, cars, double glazing or whatever else. Someone is always going to get ripped off. I would love to see things just priced as they are and the deal be clear and equal for everybody.

    Thanks for the advice.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Never been a fan of these 'super sales' whether it be furniture, cars, double glazing or whatever else. Someone is always going to get ripped off. I would love to see things just priced as they are and the deal be clear and equal for everybody.

    Things were clearly priced, it was you that started bartering.

    I feel sorry for independents, they don't have the bargaining power of the chains and they have the overheads of physical stores, they'd never survive if they were online only. I'd rather pay extra at times to ensure we still have choice in the future.
  • Empty_pockets
    Empty_pockets Posts: 1,068 Forumite
    Well thanks for that. Very helpful.

    Somewhat of a moot point though as the other retailer I got an online price from was also an independent. Not only that but also a bricks and mortar store. Only reason I didn't visit them was that they are other end if the country.

    Fact is they could offer better products for considerably less money even considering the further distance for delivery.

    I wanted to use a store closer to home who happily offered to match, however when it came to it, it wasn't that close a match.

    Regardless, its sorted now and ive been reminded why I dont use these forums much these days.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 7 March 2016 at 1:09PM
    Well thanks for that. Very helpful.

    Somewhat of a moot point though as the other retailer I got an online price from was also an independent. Not only that but also a bricks and mortar store. Only reason I didn't visit them was that they are other end if the country.

    Fact is they could offer better products for considerably less money even considering the further distance for delivery.

    I wanted to use a store closer to home who happily offered to match, however when it came to it, it wasn't that close a match.
    What is the moot point you are talking about?

    If it was a distance sale, you had every right to cancel for any reason you like.

    As you visited the shop before making the purchase, it wasn't a distance sale, so you did not have that statutory right to cancel.

    Regardless, its sorted now and ive been reminded why I dont use these forums much these days.
    Why is that then?
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Well thanks for that. Very helpful.

    Somewhat of a moot point though as the other retailer I got an online price from was also an independent. Not only that but also a bricks and mortar store. Only reason I didn't visit them was that they are other end if the country.

    Fact is they could offer better products for considerably less money even considering the further distance for delivery.

    I wanted to use a store closer to home who happily offered to match, however when it came to it, it wasn't that close a match.

    Regardless, its sorted now and ive been reminded why I dont use these forums much these days.

    You really should have specified exactly what you wanted and tried the actual single matress before comitting to it. The sales person may think that every matress in their shop is decent quality.
    You may have ordered the single mattress online and it may have been worse than the one from your local shop!.
    You can't compare one location to another because there could be differences in the rent they pay, staff costs, volume of stock turnover (more stock turnover will mean better deals from suppliers).

    But it seems to me the reason that you don't want to use these forums is that you don't like replies from people who disagree with you!
  • Nessun_Dorma
    Nessun_Dorma Posts: 6,436 Forumite
    tomtontom wrote: »
    I would agree with bris, this is not a distance sale.

    You asked for "a decent quality single". I expect the shop would argue that is what they are supplying.

    But, it seems that the dispute was regarding a mattress that wasn't viewed on the visit to the shop.
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