Online retailer refusing refund

Cat_craig26

Hi all! Looking for some advice as I’m at a bit of a loss and not 100% sure on my consumer rights.

I purchased a bed from an online retailer about 2 months ago.

After assembling I was immediately unhappy with the quality (super flimsy, didn’t live up to expectations for a £600 bed). Emailed retailer to say I wanted to return it. This was 9 days after delivery- so I believe within the ‘cooling off period’.

The next day I was taking my stuff out of the ottoman storage and one of the slats snapped. I immediately sent photos to the retailer, expecting I would be able to initiate the return/refund.

However, after A LOT of back and forth the retailer said the manufacturer had assessed the damage and as per their warranty, they would send a replacement part. They said this a reasonable resolution, and they would not be initiating a return nor a refund. This all happened within 30 days of delivery.
My understanding is that within 30 days I don’t have to accept a replacement part.

I paid through Klarna so raised a dispute. After 21 days, they came back and said I have to pay in full as retailer has provided a reasonable solution I.e. a replacement part.

Unfortunately they didn’t take credit card. They’ve confirmed they aren’t part of an ADR.

I’m not sure:

A) what my rights are

B) what my options are

Any advice hugely appreciated as I’m at my wits end. I really don’t want this bed - I made that clear well within 14 days - and I don’t have £400+ to spare on something that will ultimately just end up in the tip.

thebullsback

I believe if an item is bought online you can return it for any reason at all because you have not physically seen it before purchase .There may be a time limit but I would guess 9 days would be ok

eskbanker

You have the right to cancel a contract for an online purchase within 14 days, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, for any reason.

Separately, the Consumer Rights Act 2015 allows rejection of faulty goods (for a full refund) within the first 30 days under the short term right to reject, after which repair or replacement are valid alternatives…

Alderbank

As above, you can either cancel the contract under CCR 2013, or you can reject the faulty goods under CRA 2015. There are differences. Perhaps the main one in your case is that under CCR 2013 you might have to pay to return the goods to the retailer, which for a bed could be quite a substantial amount, whereas if you reject the bed under CRA 2015 the retailer must pay for the return.

Cat_craig26

Thank you everyone - I thought so, but what are my options if the retailer is refusing?

Do I go back to them one more time and clarify that

A) I rejected under CRA 2013- what are my options?

B) separately, I don’t have to accept a replacement part under CRA 2015 as within 30 days?

They are refusing the latter but I would like to push for it as I think the courier return will be over £100 plus I suspect they’ll say damage to the bed because of the slat.
They keep quoting the warranty- but my CR override that don’t they??

Thank you all!!

the_lunatic_is_in_my_head

Which website OP?

Cat_craig26

https://forums.moneysavingexpert.com/discussion/comment/82089883#Comment_82089883

Happy Beds- they get pretty good reviews so disappointed in everything from the quality of the product to their customer service