Sale rights?

vix108

Hi all,
I'm hoping you can help.

What did you buy? Chest of Drawers
When did you buy it? Begining of September
Where from? (internet or in store - it DOES make a difference) In store.
How did you pay? (cash/cheque/debit card/credit card etc) Credit Card
What went wrong? It wouldn't fit up my stairs! Before purchasing I had conversation on phone with one of store employees. I said "I'm concerned it won't fit up the stairs, does I it split in two for delivery". They said "Don't worry about it, our delivery guys will get it into place". The item was a sale piece (the store claims it is a closing down sale, in reality they are using the branch to sell off pieces from the other stores with few consumer rights!) with a couple of dents in it. When I purchased it I was made to sign a piece of paper saying that I couldn't return it citing the dents as the reason. When it was delivered it didn't fit up the stairs and it did not split in two. They have taken it back and have charged me £100 for delivery (store is approx. 5 miles away).
What are the vendors telling you? They are refusing to give me a refund and basically saying I signed away all my rights. Do I have a leg to stand on?
What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) Refund

Thanks for all help.

pinkshoes

I'm assuming you cannot prove that they told you it would split in two or they would get it up the stairs?

On this basis, and because you bought in store, you are entitled to your item. You may need to pay a redelivery charge though, as you asked them to take it back. Or arrange your own collection.

Could you put it downstairs then just sell it on?

When you say they are charging you £100 for delivery, do you mean that they are refunding you LESS £100?

E.g. You paid say £400 and they are offering you a £300 refund?

Delivery = two men at say £25/hour and a lorry, so although £100 seems steep it can't be that far wrong potentially!

Warwick_Hunt

pinkshoes wrote: »

I'm assuming you cannot prove that they told you it would split in two or they would get it up the stairs?

On this basis, and because you bought in store, you are entitled to your item. You may need to pay a redelivery charge though, as you asked them to take it back. Or arrange your own collection.

Could you put it downstairs then just sell it on?

When you say they are charging you £100 for delivery, do you mean that they are refunding you LESS £100?

E.g. You paid say £400 and they are offering you a £300 refund?

Delivery = two men at say £25/hour and a lorry, so although £100 seems steep it can't be that far wrong potentially!

Good assumption as they never told her it did.

Given it was bought in store and not their fault it doesn't go upstairs what rights do they have to return it?

societys_child

Bought in store (as a bargain/ sale/ damaged item), no rights to return.
Delivery charge is a separate issue, they did deliver.
Why didn't you store it downstairs until you decided what to do with it, it was yours?

vix108

Thanks for your replies.

You are correct I have no proof they told me they would get it up the stairs.

I sent it back because it is a big item and doesn't fit in our downstairs. I was also worried that it was just sat in the middle of the room then it would be damaged by my children.

They are refusing to refund me at all at the moment. They are currently offering me store credit minus the £100 delivery.

SouthUKMan

The onus is on the consumer to make sure that furniture will fit into their home before purchase. The onus is not on the retailer - they have no clue how wide your doors, hallway are, etc.

Just because an item is in a sale, it doesn't mean you have any less consumer rights.

Does the store have a returns policy? If so, what does it say? Legally they must adhere to their own policy. If they don't have a return policy, then you have no automatic right to return the item.

So, if the store has no return policy - then they are doing you a favour by allowing you to return the item and offering you store credit. If they want to charge you £100 to do so, they legally can. And as has already been pointed out, it's not wildly overpriced considering they don't have to accept a return in the first place.

HOWEVER. Ask the store for a copy of their returns policy. Legally they have to follow it. If the policy says they will offer a refund by the same method as used to purchase the item, then they are breaking the law by only offering store credit. But I must stress this 'get out clause' ONLY applies if the store has a returns policy in place. And legally, they don't have to have such a policy in the first place.