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Changing/ cancelling an order - Benson Beds...hmmm

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*deep breath*


I went into Benson's Bens in Debenhams and selected a bed frame £199 and a mattress £270.

I put down a deposit of £99, leaving £375 to pay.


I called up to pay the £100 for the frame and to cancel the mattress and was told that it was company policy not to do cancellations, and that I must have the mattress. I explained:

  • I hadnt paid for the goods yet!
  • I was not cancelling the order in total. I was still happy to pay for the frame.
  • The items had not left the factory. There were 13 beds in stock, so it was not like they made it specially for me.
  • No delivery or any other costs have yet been incurred by the company.

They still refuse to allow me to pay the balance on the bed frame and leave the mattress.


The shop manager and then customer service have both understood my point, and custoner services was very sympathetic and then re-quoted the company non- cancellations line. Why no flexibility?


Any tips on how I can proceed here? I just dont understand the inflexibility of blanketly refusing to cancel ANY goods- even BEFORE they have been delivered or even before they've been paid for.


If I dont pay the balance of course they keep my deposit!

Id laugh but I feel like crying. Im trapped here.

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Can I add that although Customer services were perfectly polite, I wasnt allowed to speak to/ email a supervisor or the Area Manager or to anyone who actually makes decisions.


How can I accept a no from someone who had no power to yes in the first place?


Its a huge company and my custom is not even a drop in their ocean- it would make no difference to them to be flexible, especially as it hasnt cost them anything.


Its a human business, not a monolith, even banks negotiate one on one with customers, so why cant Bensons Beds? Delivery was due on May 4th, at this rate, I'll have no bed.


But they are guaranteeing that in this lifetime I am not going back to that store.


Is there a tired and teary and frustrated smilie?

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You have entered into a contract for the supply of goods, the terms have been agreed and accepted by both parties. You have given a deposit as an assurance of you intention to follow through on the contract.


Why should the company cancel the order? Legally, the have no obligation to do so. Where the items ordered by distance selling, or where there is a cancellation or refund allowance in the contract, then I would be able to see a problem in their refusal.


You could cancel and lose the deposit, which I presume would not suit you.


The law does not protect people from entering into bona fide contracts. As much as I hate sticking up for corporation, I am afraid in this case, barring unfair terms (if any), they have done nothing wrong. Niether have you, and that is why contracts work the way they do.

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Just to add, I agree with everything Gyzmo has said above.

  • Haha 1

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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