Broken divan

edthedead

We bought a bed package, mattress and divan base, from a large national company in May last year.  In February I found the divan has now collapsed at the edges all the way round. They are sending out Homeserve to inspect. My questions are, assuming they agree it is a manufacturing fault (which it clearly is).

If they supply a replacement and it does the same again do my rights reset with the new base regarding lasting for a reasonable time?

If I request a refund do they have to refund for the mattress or only the base, although it is shown as a package with one price on the invoice?

We purchased a headboard which was invoiced separately in the same material as the divan base, what happens if the fabric of the replacement divan doesn't match?

JetpackVelociraptor

-The timer for your rights to reject etc is "paused" while the issue is being sorted out and starts again when you get your replacement, but it doesn't reset. I can't do the maths today (tired lol) but if your bed was replaced 12 months in and you'd expect it to last 6 years, and your new replacement bed only lasts 5 years, you wouldn't have a claim. That's just an example, I'm not sure what is considered usual for a bed!

-You're not entitled to a refund, although you can of course request one. I think at this point it may be up to them whether they offer a full refund or just the cost of the divan base, as I presume the mattress is still functional.

-If the headboard was purchased separately you may be out of luck, particularly as different fabric batches will be slightly different colours and the new one is likely to be at least slightly different.

You should know that they may not agree that it is a manufacturing fault, and the technician who inspects it may say very different things to you versus what they put in the report for the company. If you're certain it is a manufacturing fault and they don't agree you can get your own inspection and report from a different company. They may attempt to cite it as misuse, for example if you exceed the weight limit or if you sit on the edges of the bed.

the_lunatic_is_in_my_head

edthedead said:

If they supply a replacement and it does the same again do my rights reset with the new base regarding lasting for a reasonable time?

If I request a refund do they have to refund for the mattress or only the base, although it is shown as a package with one price on the invoice?

We purchased a headboard which was invoiced separately in the same material as the divan base, what happens if the fabric of the replacement divan doesn't match?

As above on not resetting. 

If they were sold together then they should be refunded together if it comes to that, even if they wasn't a "bundled" item you have the choice to reject (where the right exists) either all the items under the contract or just those that do not conform (i.e have a problem).

Regarding the headboard had you purchased it together then I think it would be a fair issue to raise. You mention invoiced separately so it may have been a separate contract, hard to say without the details on how you agreed to buy, what was said and how you paid (assuming any of that affects the stance) .