Cancellation Fees/Mis-sold

Bantamboy77

Hi there, this is my first post so be gentle.

We recently purchased a bed from Bensons for Beds and were informed on arranging delivery that if the component items couldn't be delivered, we would lose the delivery fee. Fair enough.

I'd measured the headboard size and it was going to be close, but it would fit up the stairs. Benson's had also told us that if you can get a king size mattress up then you'll be ok.

I was at work when the bed was delivered but my wife took delivery and she said they tried (not very hard) to get it up the stairs and it was the unfactored surrounding packaging seemingly preventing it. They wouldn't remove the packaging so the delivery failed.

This was the only bed we wanted (and could afford) from their range so I was accepting I'd lose the delivery fee, but on contacting them with the issue I was told there is a 20% cancellation fee unless I purchase another bed.

I explained that nothing like this was mentioned at the point of order, other than standing a delivery cost. I was then told 'well it's in the T&C's', which I was provided with in an envelope after purchasing. It is written in the reams of T&C's but I feel this should have been mentioned at the time and wonder if I was mis-sold on this basis.

If it was losing the delivery or a £25 admin fee I could stomach it but this is c.£300!

ladruid

Doesn't sound good customer service to me.

Did you cancel the bed? surely, Benson's cant charge you a cancellation fee if they decided to cancel the bed because of failed delivery. Could you just rearrange the delivery and accept the delivery of the headboard downstairs?

If you get no joy with Bensons, was it purchased on a credit card? if so, might be worth seeing if you can get the credit card company to do a chargeback as Benson's said it would fit if the mattress would.

Woodstok2000

What about getting a smaller headboard for the bed?

Bantamboy77

https://forums.moneysavingexpert.com/discussion/comment/81930962#Comment_81930962

Thanks, unfortunately accepting delivery is the customers responsibility in the T&C's but on the basis there is good reason for cancelling this feels harsh to me, particularly as I wasn't informed when purchased or provided with the T&C's until after signing.

I did purchase with a credit card just in case, but do you think this is good enough a reason to do a chargeback?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81930980#Comment_81930980

You can try, but I think you'll struggle with a chargeback when you refused the delivery. Bensons could just then deliver the headboard downstairs.

What about a smaller or different style headboard?

ladruid

https://forums.moneysavingexpert.com/discussion/comment/81930980#Comment_81930980

So your wife refused delivery? you didn't say this in your original post. But is refusing delivery the same as cancelling an item?

This might be an interesting read for you :-
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

As BBB would say, Trust Your Instincts (If it feels wrong, it probably is).

Just because a clause is in a contract it does not mean it is legally binding, if you read the article above it says businesses can't rely on unfair terms. It does say "Cancellation charges must be a genuine estimate of the business’ direct loss.". Had the item been opened? if not I can't see how they could justify a 20% loss (£300) on the item as it was still new, unused and could be resold for the full price…

Do you still want the bed & headboard? if so tell Benson's to redeliver and make sure you accept it this time. Yes you might have to pay another delivery fee, but then you have not cancelled the item and cant be charged for it. If they refuse then they have cancelled the sale not you, that is their choice and cant charge you 20%.

If it was me, I would go back to Benson's once more, try the above if you still want the item. If you get no joy, explain the situation, what they originally told you about it fitting if the mattress did (did the mattress fit?), how you feel they have treated you and believe it was mis-sold as they said it should fit, and tell them how you wish them to put the situation right. If they refuse then I would go to the credit card company and explain they said it would fit, and it didn't, you attempted to sort it out with Benson's and you feel they have mis sold the item to you.

On a side note, the DSR might also come into play here, as you purchased the item online, when it arrived it was not suitable (as it wouldn't fit) so under DSR rights you have 14 days to return it. You decided to return it on the day. It might work… /shrug

Bantamboy77

Thanks ladruid,

My wife couldn't take delivery rather than refused. I'm sorry, I didn't say initially as wasn't sure relevant, but we were paying for them to build the bed, as it was an Ottoman with moving parts and building it yourself seemed to invalidate the warranty. That's why delivery couldn't be accepted/taken rather than refused.

Thanks for the helpful advice and information though, and no, I want to cancel as that bed was the only one we wanted in the price range we could afford, and yes, it was effectively returned in pristine resaleable condition the same day.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81931018#Comment_81931018

Did he purchase online?

'well it's in the T&C's', which I was provided with in an envelope after purchasing. 

That sounds like an instore purchase.

Grumpy_chap

Is the headboard an integral part of the bed, or separate?

When you say the headboard could not be delivered upstairs (because of the extra size of the packaging but the delivery team were not able / willing to remove the packaging), do you mean upstairs within your house, or do you mean you live in an upstairs flat / apartment / maisonette? The latter would mean they are removing the packaging within an area that is "outside" your property.

You say you were paying for them to build the bed. Did that include fitting the headboard? If so, it rather sounds like a jobsworth delivery crew if they would not remove the packaging from the headboard before carrying the headboard upstairs.

If you still like the bed, can you pay for re-delivery and accept the headboard left downstairs for you to remove the packaging? OR, remove the packaging and carry the headboard upstairs while the bed is being assembled?

What exactly are the amounts that you might forfeit if re-delivery cannot be facilitated for the same bed? The £25 you mention seems quite low given this was a delivery with assembly.

Ultimately, if you really do face a cancellation fee of £300 unless you buy another bed, can you navigate that simply buying the cheapest bed available? £80. Donate to charity if you don't want it.

https://www.bensonsforbeds.co.uk/products/jay-be-smart-59cm-folding-bed/854700001/

born_again

https://forums.moneysavingexpert.com/discussion/comment/81931044#Comment_81931044

If it was a kingsize ottoman bed, then the sides of the bed are longer than the headboard. Even on our std double they are.

Could you get headboard in through window?

the_lunatic_is_in_my_head

Tell them to either deliver the bed or you will treat the contract at an end for a full refund of the contract price (which includes the delivery charge) as per delivery of goods under the CRA.

https://www.legislation.gov.uk/ukpga/2015/15/section/28

If the bed fits without it’s packaging and they don’t want to remove the packaging that is their (rather bizarre) problem.