Custom Online Order - Bed - Refund Rights

brummieaxgt

Hi All,

I ordered a divan bed set online. The bed arrived damaged and quality questionable.
I have requested a return. The bed was specified by myself for colour, drawers.

The company have refused a return initially providing a 10% discount if i keep the order.

I said i have right for a refund, but have stated they only have to refund the bed base. Other items were customisable and not party to a refund. I would be liable for 50% restocking charge. Only the head board is, the matress is a stock item.

Ive stated, i did not order the bed indivually, the whole order is subject to return if found defective particular as all other items cannot be used without the bed divan itself. You would likly void any associated warranty also.

Are my rights protected for the whole order or just that item? Am i incorrect?

Any help would be appreciated.

Ergates

If the only input you had was picking a colour and a number of drawers from a list, then that wouldn't count as custom.

If you'd given specific measurements for the size, then it would.

It's not clear from what you've written which "bits" are involved and which bits were/weren't damaged.
You ordered a divan (base), a headboard and a mattress?
For the divan and the headboard you specified a colour?  And for the divan, a number of drawers?
And the divan was damaged?

Where did you order from?  (i.e. what company?)

the_lunatic_is_in_my_head

Assuming all under 1 order, if the bed is damaged you may reject everything, point them to this:

https://www.legislation.gov.uk/ukpga/2015/15/section/21

and quote the guidance notes: 

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/3

122.This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

reject all of the goods (conforming and non-conforming);

reject all of the non-conforming goods (but none of the conforming goods); or

reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).

ButterCheese

So the mattress and headboard are fine, but the base is damaged?  Could you not just request a new base?  I know you have the right to a full refund (as it was all one order) but that doesn't make much sense to me.  You'd then have to pick a whole new set from somewhere else.  

If they send a new base, point out that you want to return the old (damaged) one as well.  I'm not sure if legally they have to collect it, but ideally you don't want to be responsible for disposing of the damaged one

brummieaxgt

Ergates said:

If the only input you had was picking a colour and a number of drawers from a list, then that wouldn't count as custom.

If you'd given specific measurements for the size, then it would.

It's not clear from what you've written which "bits" are involved and which bits were/weren't damaged.
You ordered a divan (base), a headboard and a mattress?
For the divan and the headboard you specified a colour?  And for the divan, a number of drawers?
And the divan was damaged?

Where did you order from?  (i.e. what company?)

Hi,
Ordered as a divan package. Super king divan, selected colour from standard colour set, select number and style of draws for the divan all able to preselect, not customisable any further. The headboard was a matching colour, just pick deisgn. The divan top was damaged, so doesnt support the matress and the corner has a brown stain i think from packaging.
I didnt open the matress or headboard after finding this. They are claiming the whole lot is a custom order.

comfybedss was the company and returns doesnt say much about the above.

brummieaxgt

the_lunatic_is_in_my_head said:

Assuming all under 1 order, if the bed is damaged you may reject everything, point them to this:

https://www.legislation.gov.uk/ukpga/2015/15/section/21

and quote the guidance notes: 

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/3

122.This section clarifies the consumer’s rights around partial rejection of goods. If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

reject all of the goods (conforming and non-conforming);

reject all of the non-conforming goods (but none of the conforming goods); or

reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).

Thank you, its look like that extract is exactly what i need. 

Ergates

brummieaxgt said:

Ergates said:

If the only input you had was picking a colour and a number of drawers from a list, then that wouldn't count as custom.

If you'd given specific measurements for the size, then it would.

It's not clear from what you've written which "bits" are involved and which bits were/weren't damaged.
You ordered a divan (base), a headboard and a mattress?
For the divan and the headboard you specified a colour?  And for the divan, a number of drawers?
And the divan was damaged?

Where did you order from?  (i.e. what company?)

Hi,
Ordered as a divan package. Super king divan, selected colour from standard colour set, select number and style of draws for the divan all able to preselect, not customisable any further. The headboard was a matching colour, just pick deisgn. The divan top was damaged, so doesnt support the matress and the corner has a brown stain i think from packaging.
I didnt open the matress or headboard after finding this. They are claiming the whole lot is a custom order.

comfybedss was the company and returns doesnt say much about the above.

Yeah, that's bull - no part of that is a custom order.  Which is irrelevant anyway as the goods are damaged on delivery.

https://comfybedss.co.uk/ ?

"Additionally, a 50% restocking fee will apply if the goods do not fit into your home (including access issues such as doorways, stairways, or hallways) or if you wish to return or cancel your order after delivery."


Yeah..... no.    They are very much "at it".