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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a bed from so to bed I have had it four days I signed

Resolved Question:

I bought a bed from so to bed I have had it four days I signed a paper saying all was ok but I signed it before it was assembled because the fitters came late and I had to leave them in the flat. Two days later I returned to the flat to see the bed 3 days later I opted to return it as it was too imposing. They say I cannot return the bed. It remains unused as it came without a mattress. In addition the fitters broke my toilette flush which they deny. Their argument is, why did I not complain the same say or next day. I did not complain or try to return the bed as I was not in the property until then. They say I ordered it in October this is when I first showed interest in the bed . I changed my mind during that time opting of their beds but changed my mind again and paid bed in full in January 14th 2015 over the telephone, which is the actual order date.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. Did you buy the bed online, over the phone, or in store?

Customer:

I paid the deposit in store and completed the transaction over the phone

Customer:

Ben

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit . If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit , you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask repair or replacement – if you are too late to reject the goods, you can ask the seller repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

If there is still time to reject the goods and request a refund, you may do so. However remember you can only do so if you can show that the bed was not as described or of satisfactory quality or not fit . If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation losses.


Customer:

Ok Ben it seems I have no grounds the bed then . The bed is fit but just too imposing. I just thought we could change our minds about goods if it was done within 14 days and the item had not been used. Thank you help. you have saved me a lot of money and pointless battling.

Ben Jones :

you would have got some rights to return or exchange it if ou had bought it 'over distance' say online, but you bought it in store, even if the balance was paid over the phone

Ben Jones :

Sorry if it was not necessarily the news you wanted but hopefully it clears up your legal position

Customer:

Thank You

Ben Jones :

you are welcome

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