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Buying a bed and matress online

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Hi i'm new here and i am looking for some advice on a problem ,i will try and keep this short and to the point. I bought a bed online at TJ Hughes' it was a bed and mattress.The mattress is a memory foam one but comes vaccuum packed. The bed is one you assemble yourself, anyway i opened the box and took a leaflet out which recommended you open the mattress out 24 hours before use in order for it to regain it's shape, which i did.

 

The next day i started to assemble the bed when i noticed the headboard had been damaged. I immediately contacted TJ's and informed them, at first i was told everything should be ok and someone would contact me within 36 hours.

 

The time passed and numerous phone calls where made by myself untill eventually i was contacted by a member of the customer relations staff who told me he would exchange the headboard but the mattress had been opened , and it states on their terms and conditions that if the matress has been opened it cannot be returned so i wasn't entitled to a full refund.

 

I told him i was following the recommendation of the manufacturer and the mattress had not been used but taken out of it's packaging. He was adamant there would be no refund. I told him i bought the bed and mattress as a set and under the distance selling regs i am entitled to a full refund if the goods are damaged and it is contravening my statutory rights.

 

Bottom line is, they are not budging. Now, it does state in their TOC's that mattresses are none returnable, however i am led to believe that your statutory rights override their terms and conditions.

 

I believe i am entitled to a full refund and it is irelevant that i opened the mattress because it was bought as a set and part of that set is damaged. Can anyone clarify the situation for me please, I have sent them an email but as of yet i haven't had a reply and when i do i expect the same response from them i got on the phone.

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i can't really understand the problem, why not just accept a new headboard, that is all that is wrong with it. You have made no complaint about the mattress, so why would you want to return it all because the headboard is damaged?

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Because it's my right to do so. The bed was bought as a set and not individually. Under the distance selling act i can return it within 7 days for any reason. The headboard is damaged and they are denying me my rights.

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So what you are saying is that because the headboard is damaged, you want to send the whole lot back?

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Looks that way Mrs E - some people can be very unreasonable.

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It would appear so, coniff. Perhaps we have both missed something, but it certainly appears that Argos have acted correctly by offering to replace the faulty item and the customer will then have what they purchased.

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Its TJ Hughes and not Argos, but yes you can insist on a full refund by both the DSR and ss35 of the Sales of Goods Act 1979. If they won't budge report them to trading standards in your area and write to them via their registered company address with an LBA/


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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It can't be done under DSR, he posted on the 3rd and it is now the 19th, I think that's more than 7 working days. Unless notified that other means are acceptable, rejection must be done in writing by the end of the 7th working day.

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I'm all for getting what you are entitled to but for goodness sake that stretching it a bit, i think the OP decided he didnt like the bed after all so has tried to get a full refund on everything.

Some people arent happy unless they have something to moan about :/


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

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