Replacement value for a promotion item 17 February at 4:02PM in Consumer rights 9 replies 312 views

3TynwaldMount

Hi,

Thank you for taking the time to read this post.

Two years ago I bought a bed from Bensons for Beds and now the bed divan makes terrible noises when I or my wife moves in bed.

I have contacted Bensons, regarding their 5 year guarantee,  who have told me that they can provide a replacement but the divan and mattress were sold together in a promotion and they are saying that one of the items are now discontinued. 

The bed and mattress were priced at £899.99 and they gave a promotional discount of £150 = £749.99 paid.

Customer services have said that they cannot spilt the items up, as it is invoiced on one line,  so we would need to replace both the bed and mattress. 

They have told me that we can choose another bed and mattress but anything over £749.99 would have to be paid for by ourselves and there is now no such promotions in store.

Is this correct ,as in my mind we might end up with a cheaper quality replacement or having to pay another £150 extra to "replace" the same quality of items, through no fault of our own?

Thanks 

Aylesbury_Duck

3TynwaldMount said:

Hi,

Thank you for taking the time to read this post.

Two years ago I bought a bed from Bensons for Beds and now the bed divan makes terrible noises when I or my wife moves in bed.

I have contacted Bensons, regarding their 5 year guarantee,  who have told me that they can provide a replacement but the divan and mattress were sold together in a promotion and they are saying that one of the items are now discontinued. 

The bed and mattress were priced at £899.99 and they gave a promotional discount of £150 = £749.99 paid.

Customer services have said that they cannot spilt the items up, as it is invoiced on one line,  so we would need to replace both the bed and mattress. 

They have told me that we can choose another bed and mattress but anything over £749.99 would have to be paid for by ourselves and there is now no such promotions in store.

Is this correct ,as in my mind we might end up with a cheaper quality replacement or having to pay another £150 extra to "replace" the same quality of items, through no fault of our own?

Thanks 

As you are using their warranty, what you're entitled to depends on the terms of the warranty.  If what they're saying is in accordance with those terms, then yes, you'd have to pay any excess for the same items.

To be honest, it's a good deal.  If you went down the consumer rights route you'd have to jump through a load of hoops (they can reasonably ask for an independent inspection and report from you) and then they have a choice of repair, replacement or refund.  If they chose to refund you, they can make a reduction to reflect two years' use.  £150 reduction after two years wouldn't be unreasonable, so you'd be no better off than what they're offering you under their warranty.

HillStreetBlues

3TynwaldMount said:

Is this correct ,as in my mind we might end up with a cheaper quality replacement or having to pay another £150 extra to "replace" the same quality of items, through no fault of our own?

I can't see an issue with it as they are choosing to replace what you bought.

You might not get what you originally bought,  but it will be 2 years newer. 

lincroft1710

Agree with @Aylesbury_Duck, it's a good offer.

DullGreyGuy

Under consumer rights they are entitled to repair, replace or refund at their discretion and if things keep going wrong your right is to demand a refund. 

Ignoring the "use" matter, a refund at best is the full price you paid and doesn't have to factor in inflation or the fact that a Black Friday sale isnt on right now or such. You dont have a right to demand a sale to be put on just to enable you to buy another item again. 

Under the statutory rights, once the item is over 6 months old (or instantly for cars) the merchant can reduce the refund to reflect the use you've had and so by the sound of it a full value store credit under the warranty is better than what your statutory rights would have given you. 


Presumably it's the divan that's the problem rather than the mattress? You could try and negotiate a value for just replacing the divan with another one but their current offer is really much better as mattresses tend to suffer more from wear than the base.

pinkshoes

Apparently beds should be replaced every 8 years...

So a £900 bed is £112.50 a year. You've had 2 years use and they're only deducting £150 rather than £225 so this seems like quite a good deal.

If you go down the consumer rights route, you'd need to prove it to be inherently faulty and you might then end up with 75% of what you paid, so £562.50 to reflect the two years of use. They're giving you £750 instead.

I'd bite their hand off and pick a new bed.

Slinky

pinkshoes said:

Apparently beds should be replaced every 8 years...

So says Dreams in an advert............to sell more beds.

There's a myth about an engagement ring should cost a month's salary. That was a DeBeers invention, to sell more expensive diamond rings.

There's nothing scientific about this 8 year bed claim.

the_lunatic_is_in_my_head

Crazy they can’t just replace the base, what a waste of resources to encourage someone to throw away a perfectly good mattress.

OP have a look on CEO email and see if they have a contact for Bensons on that site, you might get more sense out of a higher level of customer service. 

DullGreyGuy

Slinky said:

pinkshoes said:

Apparently beds should be replaced every 8 years...

So says Dreams in an advert............to sell more beds.

There's a myth about an engagement ring should cost a month's salary. That was a DeBeers invention, to sell more expensive diamond rings.

There's nothing scientific about this 8 year bed claim.

8 years is a rough average... no idea with the analysis behind it but certainly have had budget mattresses that were uncomfortable long before this and others that have lasted much longer

Personally I put belief in it as a statistic... bed will wear out... -v- the engagement ring where there is no "right" answer

3TynwaldMount

Hi

Thank you for all the replies. I’ll take all the advice/opinions on board when dealing with Bensons

Thanks again.