Defective item

[UncleEbenezer]

I ordered a new bed on Black Friday (taking advantage of the last chance for cashback from my creditcard). It's one of just a few that tick all my boxes: storage, solid slats, integrated headboard. It comes as flat pack, and I anticipated the possibility of a couple of days working on it, given that it's December and I prefer to do such work and many other things in scarce daylight hours.

It was delivered in good time on Dec. 4th. Some of the packaging was quite badly damaged, and photographed by the delivery man.

The assembly instructions turned out to be in Box 4 (of 6) so I'd opened several - and had parts to find safe space for - before I found them. The huge headboard (box 1, 26 kg) had to go out on the landing.

On starting to assemble it, I found one of the velvet side panels is slightly damaged, and yes, it's where the packaging was worst-damaged. Nothing serious: if I'd bought a reduced-price "second" it would be entirely acceptable. But this was a full-price bed. And the panel in question is in a prominent position, where it will face the door of the room. So I used the vendor's online form to report it.

I got a reply the following day, asking questions that were already answered in my original form submission (which was included in that same reply). I replied to that to say so and reconfirm. All that correspondence happened between Dec. 7th - 10th.

Having heard nothing more from them, I tried phoning on Dec 16th. By this time I've been living a full week on a construction site: the drawers and their frame occupy the normally-ample open space in my bedroom, I have to move carefully (definitely not have more than the one drink), access to the wardrobe is restricted. I find myself living with a pile of clothes on the floor of the guest bedroom 'cos I can't access the wardrobe. I explain it's not acceptable.

After Dec. 16th I still hear nothing. Yesterday (30th) I emailed again, this time saying it's unacceptable. A reply to that today just says:

We responded to you right away, please see the below and confirm all required details.

It seems we're stuck in groundhog day of that first week when I raised the issue - and indeed took some trouble to answer all the questions in their web form!

What are my rights? The bed is largely built, and I don't want to reject it and start again, but I'm beginning to wonder if that's my only option short of just accepting it (which is presumably what they're hoping). Even if I activate the procedure to claim a creditcard refund (if I'm in time for that?) I still have the problem of the bed! Given the lack of response over (now) three weeks, should I claim compensation for disruption to my home and life, and if so how?

[dealtn]

I would speak to the credit card company, let them deal with the retailer.

I wouldn't expect any "compensation" just redress, and move on with my life.

(Someone will provide the "legal" answer in due course.)

[UncleEbenezer]

I would speak to the credit card company, let them deal with the retailer.

I wouldn't expect any "compensation" just redress, and move on with my life.

(Someone will provide the "legal" answer in due course.)

The creditcard company can't deal with the problem of a half-assembled bed. I'd consider it a crime of waste to take it to the tip, and even if I did that would take time and cost money to organise!

[uspaul666]

Just answer the questions they ask, even if you’ve already answered them. They have a script, and you’re not following it.

[Mike4]

Just answer the questions they ask, even if you’ve already answered them. They have a script, and you’re not following it.

^^^This^^^

Follow their script and make it easy for them. Their customer-facing people have to deal with all manner of carp from the great british public and following their script accurately peels out all their stock of standard reasons to reject you. The questions will be awkward to answer deliberately, so they can claim you didn't.

At the same time, raise a dispute with your CC co.

[dealtn]

I would speak to the credit card company, let them deal with the retailer.

I wouldn't expect any "compensation" just redress, and move on with my life.

(Someone will provide the "legal" answer in due course.)

The creditcard company can't deal with the problem of a half-assembled bed. I'd consider it a crime of waste to take it to the tip, and even if I did that would take time and cost money to organise!

Why would you take it to the tip? In your OP you stated "it would be entirely acceptable", if you knew of the defect before you bought it?

So if it's "entirely acceptable" finish the job, but seek some money back either from the retailer, or credit card. If they won't provide some form of financial redress to reflect its lower value (despite it being entirely acceptable) then reject it.

[UncleEbenezer]

I would speak to the credit card company, let them deal with the retailer.

I wouldn't expect any "compensation" just redress, and move on with my life.

(Someone will provide the "legal" answer in due course.)

The creditcard company can't deal with the problem of a half-assembled bed. I'd consider it a crime of waste to take it to the tip, and even if I did that would take time and cost money to organise!

Why would you take it to the tip? In your OP you stated "it would be entirely acceptable", if you knew of the defect before you bought it?

That's not actually what I said.

It would have been (conditional) entirely acceptable if it had been sold and bought as (conditional) a "second". It wasn't (condition not fulfilled).

I would take it to the tip to free the space it's occupying before I could even consider buying a replacement from another vendor!

[dealtn]

The creditcard company can't deal with the problem of a half-assembled bed. I'd consider it a crime of waste to take it to the tip, and even if I did that would take time and cost money to organise!

Why would you take it to the tip? In your OP you stated "it would be entirely acceptable", if you knew of the defect before you bought it?

That's not actually what I said.

It would have been (conditional) entirely acceptable if it had been sold and bought as (conditional) a "second". It wasn't (condition not fulfilled).

I would take it to the tip to free the space it's occupying before I could even consider buying a replacement from another vendor!

Apologies if my "if" isn't conditional enough to determine if it is "tippable" or not.

Was just trying to provide a "practical" answer, not enter an argument.

[UncleEbenezer]

Why would you take it to the tip? In your OP you stated "it would be entirely acceptable", if you knew of the defect before you bought it?

That's not actually what I said.

It would have been (conditional) entirely acceptable if it had been sold and bought as (conditional) a "second". It wasn't (condition not fulfilled).

I would take it to the tip to free the space it's occupying before I could even consider buying a replacement from another vendor!

Apologies if my "if" isn't conditional enough to determine if it is "tippable" or not.

Was just trying to provide a "practical" answer, not enter an argument.

Fairy nuff, and I agree the practical point.

It's not one I'm comfortable with. Getting a reduction while accepting the goods isn't the same as making an informed decision whether an advertised price reduction for being a "second" is worth it. And asking for it would feel like "trying it on", which disgusts me.

BTW, I keep quoting "second" because I'm not quite sure if this usage of the word really exists outside my family: shops always seem to use less succinct terms like "having slight defects".

[gryffron]

LEGAL RULES
Having ordered online, you have 14 days from delivery to cancel and return the goods unconditionally under the Consumer Contracts Regulations 2014. That time has now passed, and presumably you didn't tell them within that period you wanted to return it. So we can forget online rules.

So, a faulty item is covered by the Consumer Rights Act 2015.
Goods must be "as described" and "of satisfactory quality", and clearly your goods meets neither of those.
so your rights:
If the fault is reported within 30 days of delivery, you can reject the goods outright for a full refund. Since you have started the complaints procedure, you can still do that, even if they don't get back til the new year.
After 30 days you MUST (and earlier MAY) give the vendor the opportunity to make good the fault by repairing or replacing parts.
The vendor can OFFER a partial refund to compensate you for the fault, but you don't have to accept. You don't have an automatic right to this.

PRACTICAL ADVICE
The first thing to work out is what you actually want. It's no use just telling them that there's a problem. Decide what you want them to do about it and tell them.

If they start talking about what it says in the warranty, ignore them! Say so! The warranty can say anything they like, it doesn't alter your statutory rights.
If they start talking about claiming from the courier, tell them that's their problem. Your contract is with the vendor, not the courier.

Yes, carry on with their complaints procedure. To be fair it has been a fortnight of bank holidays so most of their staff are probably not back til the 5th. If you keep hitting a brick wall, a personal email addressed to the MD can sometimes work wonders. It's usually not to hard to work out his email address as it's usually in the same format as the staff emails.

Gryff

[mc2fool]

If you keep hitting a brick wall, a personal email addressed to the MD can sometimes work wonders. It's usually not to hard to work out his email address as it's usually in the same format as the staff emails.

And https://www.ceoemail.com/ saves you having to research the MD's name ...

[UncleEbenezer]

LEGAL RULES
Having ordered online, you have 14 days from delivery to cancel and return the goods unconditionally under the Consumer Contracts Regulations 2014. That time has now passed, and presumably you didn't tell them within that period you wanted to return it. So we can forget online rules.

So, a faulty item is covered by the Consumer Rights Act 2015.
Goods must be "as described" and "of satisfactory quality", and clearly your goods meets neither of those.
so your rights:
If the fault is reported within 30 days of delivery, you can reject the goods outright for a full refund. Since you have started the complaints procedure, you can still do that, even if they don't get back til the new year.
After 30 days you MUST (and earlier MAY) give the vendor the opportunity to make good the fault by repairing or replacing parts.
The vendor can OFFER a partial refund to compensate you for the fault, but you don't have to accept. You don't have an automatic right to this.

Thanks for that. All I want (as I told them at the start) is one part replaced. Part number 3R from the assembly instructions. Admittedly quite a large and significant part, but it's holding up completing the bed, and other things that follow from that. I can compare it to mirror-image part 3L whose velvet is smooth and lovely where 3R is dented. I'm not offering but asking them to make good the fault!

Returning the goods partially-assembled could be problem on many levels, quite apart from not being what I want! And I'm still less keen to have to deal with it without their cooperation, which seems to be what is happening de-facto.

PRACTICAL ADVICE
The first thing to work out is what you actually want. It's no use just telling them that there's a problem. Decide what you want them to do about it and tell them.

If they start talking about what it says in the warranty, ignore them! Say so! The warranty can say anything they like, it doesn't alter your statutory rights.
If they start talking about claiming from the courier, tell them that's their problem. Your contract is with the vendor, not the courier.

Thanks. I think I'm already on top of that. And from the damaged packaging it looks extremely likely to be an in-transit issue. They haven't mentioned any warranty, they've just been noncommittal.

Yes, carry on with their complaints procedure. To be fair it has been a fortnight of bank holidays so most of their staff are probably not back til the 5th. If you keep hitting a brick wall, a personal email addressed to the MD can sometimes work wonders. It's usually not to hard to work out his email address as it's usually in the same format as the staff emails.

Yes, part of it's been xmas, and in the phone call on the 16th they blamed covid conditions for not having got back to me earlier. But it's been nearly a full month! It doesn't help me with getting my bedroom (and guest bedroom) back, getting in to my wardrobe (IKEA - my last flatpack job), or vacuuming any of the floors. I feel I need to do something drastic just to reclaim my house: either give in and use it with the damaged part, or dispose of it at my own cost and probably put any refund claim in jeopardy.

Oh, and I've now had email from two staff. The formats are different: one is initial.surname@, the other is firstname@.

[ReformedCharacter]

Maybe one of those new-fangled Chargebacks that they keep banging on about on t'wireless might prompt a better response:

https://www.which.co.uk/consumer-rights ... chargeback

HNY

RC

[jackdaww]

it would be interesting to know who the seller is.

i am a member of which? legal , they are good at guiding you through these scenarios.

good advice from gryfron.

i find it helpful in these disputes to tell the seller that the conversation is on social media - ie TLF , facebook , trustpilot etc .

keep at them - like a broken record - dont let them wear you down.

i try to buy from amazon or fulfilled by amazon , usually very little hassle on returns , or issues - ebay not as good though.

[UncleEbenezer]

it would be interesting to know who the seller is.

It is specifically https://www.happybeds.co.uk/woodbury-gr ... torage-bed

(checklist: storage, solid slats, integrated headboard. The solid slats seem rare: most slats are sprung).

keep at them - like a broken record - dont let them wear you down.

I'd be fine with that if it wasn't for the continuing obstruction of my bedroom!

[UncleEbenezer]

Just answer the questions they ask, even if you’ve already answered them. They have a script, and you’re not following it.

^^^This^^^

Follow their script and make it easy for them.

I think you two were right.

Today I was mulling over how best to try acting on that advice, when I got email from them. Someone - probably noting the stroppy tone of my last email - has departed from script and got to - hopefully - the point. It looks as if things are now moving, which makes me happy!