BensonsforBeds - help!

snoor95

Dear community members,

I hope you're all doing well. I'm seeking some  advice regarding a recent issue that has got me enraged

In early-mid June, I placed an online order for a wardrobe, chest drawers and bedside table that was supposed to be delivered today. I even got a text on Monday confirming my delivery slot. 

Unfortunately, the delivery has been significantly delayed. I received a phone call yesterday informing me that due to shipping issues it won't arrive on time. Seeking further clarification, I called again today and they proposed a new delivery date of wc 21st August. 

. To add to the frustration, I have not been offered any compensation for the inconvenience caused by the extensive delay. This is very upsetting for me. I'm relocating from Leeds to Swindon and this furniture is for my new home after I'm due to get married on the 7th August (a week on Monday)

As consumers, I believe we have certain rights and protections in such situations. However, Bensons are being adamant. Initially they said they do not offer compensation in such cases. After some pushing on my part, they offered a goodwill gesture of £39 cash back (equal to the delivery fee) or £50 of Bensons Bed vouchers. I'm flabbergasted and I've told them I plan to complain and seek third party advice. To clarify they informed me about the three week delay less than 24 hours before my furniture was due to be delivered.

Here are some specific questions I have:

1. What recourse do I have if the company is unresponsive to my inquiries and refuses to offer increase their goodwill gesture amount. The cost of the furniture equals £850 and I think £39 cash back is meagre.
2. Are there any relevant consumer protection laws that could support my case?

Any information or personal experiences you can share would be immensely valuable.

screech_78

Your rights are to receive a full refund if not delivered in a timely manner.

You have no right to compensation unless you’ve suffered an actual loss. 

RefluentBeans

The shipping fee refund is probably the best you’ll get unfortunately.  As stated above, a loss would need to occur for damages to be paid. And then it’s normally only in line to get you to where you were before the breach of contract occurred. 

You could cancel and have a full refund. That would be fair. But you wouldn’t then get to claim the additional money on top of that (unless they’re being very generous). 

If the situation was reversed, you’d be expected to pay an additional £30 to change the date, so this is more than you would need to pay. 

Did they state a chaise for the delay? It seems very long - and I’d have thought that they would’ve put it on the next delivery with spare space, if it’s just that the truck got delayed and wasn’t going to be able to deliver before they need to stop delivering for the day? I’d definitely enquire for the exact nature and see if they can get it moved up. 

sheramber

21st August may be the next available delivery date, Loads are often booked in advance.

pinkshoes

If it is not feasible to wait another 3 weeks, then I would cancel the contract and seek a full refund.

What do the T&Cs state about cancellation/delivery dates?
 
ps - Leeds is much nicer than Swindon! I'd stay put

Okell

You won't be entitled to any compensation just because of the delay.

What do their T&Cs say about when a contract is formed?

As this is an online purchase then - provided the goods are not personalised and have not been made to your own specifications - you can notify Bensons either that you are withdrawing your offer to buy (if a contract has not yet been formed) or that you are cancelling the contract (if a contract has already been formed).  Either way, tell them clearly in writing and keep a copy.

But if you withdraw your offer or cancel the contract, what are you going to do without those items of bedroom furniture?  Can you find suitable replacements within your timescale?

If you decide to persevere with Bensons, I think you can stipulate to them that if the items have not been delivered to you by a specific date (eg 25 August) then you will treat the contract as at an end and you will be entitled to a full refund.  See s28(7), (8) and (9) of the Consumer Rights Act 2015 (legislation.gov.uk)

But that would also leave you back at square 1 with no bedroom furniture...