Where do I stand?

Kias1992

Hi I would like some advice please

Sunday I had an incident where my bed broke! Urgently needing a new bed as I woke night shifts I went out to purchase a new bed from a small bed shop who stated he had a bed in stock he could deliver tomorrow (Monday) we agreed on a price and paid the money, he wanted the full sum but stated I would feel more comfortable paying half and half when it arrives which he was happy about. I explained my bedroom is in the attaic and small door way which he explained ‘no problem we will manage’ Except today they tried to bring the bed into the room it would not fit at all they were forcing it through but wouldn’t not budge (they slightly damaged the bed in the process) so they said I would have to choose another bed tomorrow.

When I explained I was not keen on any other bed but would still
Have a look, but if I didn’t like an other bed could I have a refund of the money already paid. He was very hesitant and said we ‘don’t usually do that’

I am going tomorrow to see what will happen but any advice on where I stand because I’m pretty sure he is definitely not going to refund me my money


Many thanks on advance

LadyDee

As you specifically warned the seller about the likely problem with access, you are probably legally fully entitled to a refund, but whether or not you can prove that is of course a matter of he said, (s)he said. Wait to see whether they have a suitable alternative before making a fuss. I think his response might mean that he will refund your money, even if he is reluctant. You relied on him as "the expert" - so I'd be more optimistic, as in all probability he realises he's the one at fault.

boo_star

LadyDee wrote: »

As you specifically warned the seller about the likely problem with access, you are probably legally fully entitled to a refund, but whether or not you can prove that is of course a matter of he said, (s)he said. Wait to see whether they have a suitable alternative before making a fuss. I think his response might mean that he will refund your money, even if he is reluctant. You relied on him as "the expert" - so I'd be more optimistic, as in all probability he realises he's the one at fault.

I'd argue that without specifics it's not really their problem that it doesn't fit through whatever hole it needs to.

Either way I do agree that the OP should wait for the retailer to come back to them before talking about their "rights."

The retailer appears, on the face of it, to be willing to offer the OP a replacement with no strings attached. If they do try and give a lesser bed for the same price then that will be an issue.

We're getting ahead of ourselves at this point, in my opinion.

BoGoF

Did you not think to measure the actual access.

A little common sense would have avoided this.

LadyDee

BoGoF wrote: »

Did you not think to measure the actual access.

A little common sense would have avoided this.

I recently had a large sofa to get rid of, and I had no idea how it was going to be manoeuvred out of the house (it was assembled on delivery because of its size). The removers however took it out with no difficulty. The original delivery guys had said it couldn't be done.

So it might not be immediately obvious - even with common sense.

askmeaboutsofas

Unless you measured the tiny doorway/awkward access, provided the measurements to the retailer and received confirmation from them (preferably in writing!) that it would fit, you don't have an automatic right to return. The seller can't be held responsible for things that they don't know in advance, like how small your doorways are.


Having said that, a polite request in a friendly manner can go a long way when you're dealing with smaller shops. The guy already agreed to taking a return, he didn't leave the bed wedged in your doorway or abandoned in your garden, and he allowed you to pay half up front and half on delivery, so he's more than reasonable. I would try asking politely and go from there. "We don't usually do that" isn't the same as a firm no.

The_Rainmaker

Can he not order a bed of your choosing in for you?

boo_star

The_Rainmaker wrote: »

Can he not order a bed of your choosing in for you?

It seems the OP was offered that but isn't willing to wait and see what they come back with.