am I entitled to a refund?

klf86

Hello,
I'm new here and desperately seeking advice regarding a bed (I'll try and keep it short and to the point)

I brought a high sleeper bed for my daughter after looking for something suitable for a while as she has certain needs.

When I assembled the bed I noticed the ladder was completely different to the one in the website (the main reason I picked this model was for the ladder shape). I also noticed the frame was different to the website too. On top of that I am having issues with the bolts. No matter how much I tighten them they become lose again with any movement of the bed, which is leading to one of the legs actually buckling under. I wouldn't expect this for a bed costing £420!

I contacted the company and it's just been back and forth for 4 days. They have basically said it's my fault the bolts don't tighten as I'm obviously doing something wrong and in regards to the ladder/frame they said the website photo is for illustration purposes only. I told them no where at all in the description does it say the bed could be different and they took 2 days to reply that it says so in the websites T&Cs hidden away. I mentioned it should be on the actual item description.

They've now told me the bed has been discontinued, but with the warranty they'll replace any missing parts (??) but that's all they will assist with. 

I have one extremely upset child who just wants to sleep in a bed in her room and potentially £420 down for a bed that isn't fit for use or even matches the image I thought I was buying.

Any advice please?

Alderbank

Welcome to the forum.

I assume this is an online purchase?

Who did you buy the bed from and what date did you receive it? Is the bed still on their website?

How did you pay?

klf86

Alderbank said:

Welcome to the forum.

I assume this is an online purchase?

Who did you buy the bed from and what date did you receive it? Is the bed still on their website?

How did you pay?

it was an online purchase from a company from bed kingdom. it was purchased 26th May, but stupidly on my part I didn't assemble till last weekend as my daughter's bedroom was being redecorated at the time.

The bed is no longer on their website as they've said it's now discontinued.

I paid via klarna finance

Alderbank

So there are two issues:

• The bed looks different from the sample in the picture on which you based your decision to buy.
• The bed, when assembled and used according to the instructions, is unsafe.

After 2 months the first might be tricky. 
In the first 14 days you could have returned it for a full refund (less return shipping). It could be for any reason.
You are still entitled to receive what you expected, but without seeing pictures of what you expected and what you got it is difficult to advise.

You are on safer ground with the child safety issue.
Ignore all their terms and conditions for their guarantee. They don't apply.
It sounds quite unsuitable for its intended use. After 2 months the trader is entitled to one attempt to repair it or to replace it. Since you say they can't replace it they could refund you. They are allowed to deduct for the use you have had but since you have never been able to use it that should not apply.
If they want it back, return shipping is at their expense.

Tell me more about the nuts and bolts. You say however tight they are they quickly become loose?
I have assembled lots of beds over the years including bunk beds and they have never become loose. I pass the bolt through the two frame members, then a spring washer, finally a locking nut (it has a rubber insert which goes on the outside). 
Is that what you have done, in that order? Do you have any pictures?

klf86

Alderbank said:

So there are two issues:

• The bed looks different from the sample in the picture on which you based your decision to buy.
• The bed, when assembled and used according to the instructions, is unsafe.

After 2 months the first might be tricky. 
In the first 14 days you could have returned it for a full refund (less return shipping). It could be for any reason.
You are still entitled to receive what you expected, but without seeing pictures of what you expected and what you got it is difficult to advise.

You are on safer ground with the child safety issue.
Ignore all their terms and conditions for their guarantee. They don't apply.
It sounds quite unsuitable for its intended use. After 2 months the trader is entitled to one attempt to repair it or to replace it. Since you say they can't replace it they could refund you. They are allowed to deduct for the use you have had but since you have never been able to use it that should not apply.
If they want it back, return shipping is at their expense.

Tell me more about the nuts and bolts. You say however tight they are they quickly become loose?
I have assembled lots of beds over the years including bunk beds and they have never become loose. I pass the bolt through the two frame members, then a spring washer, finally a locking nut (it has a rubber insert which goes on the outside). 
Is that what you have done, in that order? Do you have any pictures?

of course! I'm not very good with names for bolts etc even though I've built my far share of flat packs over the years 🙈  I'll try my best to explain everything. 


so the bed on the left is what I ordered online and the bed on the right is what I've received assembled  The main reason I chose this bed was for the ladder as it was easier access for my daughter due to her disability. I've circled the parts that are different, but it was my daughter who pointed the stock photo legs are in 3 parts whereas ours is only 2. My daughter tried using the ladder of our one and really struggled, so isn't accessible for her.

The bolts in question are the ones in the middle of the legs, which hold the 2 pieces together. The company are aderment I've assembled the bed wrong, but I've got no issues with the other 3 legs. Just the back leg closest to the grey duvet in the right photo.

It's a small bolt that fits into what looks like a small lock nut and that's it. I've got a video of the problem leg, but i don't think i can upload. The force I'm pushing the bed is about the same as if my daughter was climbing up or down and you can see the 2 parts of leg separating slightly. it doesn't seem much, but it's enough to make that leg buckle inwards.

klf86

included a photo of the assembly instructions page to show the frame is a different model.

Alderbank

Thanks for the pictures.
The beds are much more alike than I expected.
The strongest and best design for a high sleeper bed is for the each vertical leg to be one single piece. Three pieces, as in the LH picture, is potentially weak. Your two-piece version is a design improvement on that which is not really a fault.
Vertical and horizontal members are joined with barrel bolts (part C, 13 of them) with dowels for stability. This is a good strong joint. I can't tell how the leg pieces are joined from your photo. I can't even see the back legs.

The ladders themselves look identical. Why do you think they are 'completely different'?
What I don't like about yours however is that the angle is wrong.  It's far too steep. For best safety the ladder should be fixed at 75°, sometimes described as 'one out and four up'.
Floors vary, they are not all flat and level. I would build the frame first without the ladder then position it at the correct angle resting firmly on the floor. Finally fix it in position, drilling new holes if needed. Your daughter might benefit from a simple handrail on one side. You seem very handy, I'm sure you could easily make that.

the_lunatic_is_in_my_head

OP the angle of the ladder looks very different indeed, I would have said you assembled incorrectly but when you look at the instruction booklet image it matches your construction so can only conclude the image on the website is the one that's incorrect.

In the website pics there's also 3 slats running across the bottom on the shorter sides which aren't in your construction, is that another difference or have you not put those in yet? 

Ultimately goods have to be described and their terms can not over ride this. 

They appear to be a UK family business with healthy finances, if you want a refund you should send them a email advising that as they are refusing to repair or replace the goods within a reasonable time and without significant inconvenience that you exercising the final right to reject. 

If you want to keep the bed you can also seek a price reduction. 

You can then send a letter before action (templates on Google or there are firms that will do this, prices seem to be around £2-£20). 

It's a shame you didn't pay on a credit card OP.

Alderbank said:

In the first 14 days you could have returned it for a full refund (less return shipping). It could be for any reason.

Yet another company linking the right of return to the condition of the goods, OP still has the right to cancel and no deduction permissible. Company doesn't appear to sate the cost of return so return costs on them as well.  

OP if you'd prefer to go down this avenue, similar to another thread on here:

---------------------------

Dear Bed Kingdom

I am writing to you regarding order xx, I am advising you that I am exercising my right of cancellation under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and am seeking a full refund.

Your terms advise:

   13.1.2. The item must not be used and must be \'as new\' 

This term does not comply with the requirements under regulations 27 to 38 as there are specific limits of applications that allow the trader to refuse the right of cancellation and the condition of the goods is not one of them.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

Limits of Application (for your reference)

As your terms do not comply with the regulations you are unable to reduce the refund for any handling that may be deemed above what is necessary to establish the nature and characteristics of the goods and as such must reimburse me in full within 14 days of the date you receive the returned goods.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

Reimbursement by trader in the event of withdrawal or cancellation

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);

(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

SCHEDULE 2 Information relating to distance and off-premises contracts

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

With regards to the return costs, as the goods may not be returned via normal post and you have not advised of the cost of returning the goods you are responsible for the full cost of the return.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

Return of goods in the event of cancellation

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2

SCHEDULE 2 Information relating to distance and off-premises contracts

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

With regards to the standard 14 day period, due to your failure to provide the required information this period is extended to 1 year and 14 days:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/31

Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

The legislation is clear and unambiguous, your terms and conditions are unfortunately on the wrong side of the legislation which entitles to me the position as stated above. Please arrange a collection at your cost, should either the collection and/or full refund not be forthcoming I shall instruct a firm to send the required pre-action protocol letter and then commence with small claims proceedings to recover the sums due.

You should be aware that to have terms that are in contradiction to the rights of the consumer are classed as a misleading action offence under The Consumer Protection from Unfair Trading Regulations 2008 and is a criminal offence. 

I have cc'd in West Yorkshire Trading Standards Service to this communication. 

I would prefer if we are able to resolve this matter amicably and look forward to hearing from you further, 

Sincerely,

klf86

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OP the email address for Trading Standards to cc in is available here

https://www.tradingstandards.uk/consumer-help/

using the postcode search of the company address detailed here

https://find-and-update.company-information.service.gov.uk/company/07536751

born_again

Forget the ladder...
Where is the desk part?

Or is this the OP that has altered how it is built?

sheramber

The desk installation may well stabilise the whole thing.

Okell

born_again said:

Forget the ladder...
Where is the desk part?

Or is this the OP that has altered how it is built?

That's what I was wondering!

Apart from the dizzyingly vertical ladder it's the most obvious difference from the photo on the website