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Legal matters

Are they allowed to keep 20% if the product is returned??

11 replies

GotMyLittleLamb · 01/10/2012 16:38

So, about 3 weeks ago I ordered a new bed from Bensons for Beds, they arranged delivery for today. I expressed concern about it not fitting up my stairs (very small house, narrow stairs) and was told if it didn't fit the delivery driver would take it away.

Bed arrived this morning, had no hope of fitting up my stairs, delivery driver took it away and said they would report to customer services and I should contact them to arrange a refund or to order a different bed.

Have just spoken to customer services who said I can have a refund but they will take a 20% charge as a 'refund cost', there would be the same cost if I was to choose a different bed.

Is this allowed? Im really not happy to pay what will be £160 for absolutely nothing.

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scurryfunge · 01/10/2012 16:41

I suppose they do not have to refund at all if there is nothing wrong with it.

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GotMyLittleLamb · 01/10/2012 16:44

Really? I thought you had a right to a refund or a replacement as long as the product was returned in a saleable condition?

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craftynclothy · 01/10/2012 16:46

Did you order it in store or online? If you ordered online then you're entitled to a full refund under the Distance Selling Regulations.

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GotMyLittleLamb · 01/10/2012 16:47

no, in store :( I'm going to have to accept it aren't I.

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hellhasnofurylikeahungrywoman · 01/10/2012 16:49

Did they tell you at the time about the 20% charge?

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GotMyLittleLamb · 01/10/2012 16:49

No, never mentioned it.

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AMumInScotland · 01/10/2012 17:05

You should be able to return it without a deduction if you can show that it was "unfit for purpose" - normally that would be things like it not working, or like a raincoat not being waterproof.

But I think you could argue that your agreement with the shop included your need for it to fit up your stairs, since you mentioned it to the salesman at the time you bought it. You took his assurance that they would "take it away" as meaning that you could return it for a full refund if it was not "fit for purpose" since your purpose (which you told him clearly) included it going up the stairs.
I think they legally should have said they'd take it away and charge 20% if that was what they meant.

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picturesinthefirelight · 01/10/2012 17:15

At work most of our suppliers have a restocking charge if we return items because we ordered too many/ the wrong part/ the customer cancelled the job

It varies between 10-30%.

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GotMyLittleLamb · 01/10/2012 17:29

Right, I have spoken to the store manager where I bought it, he is going to speak to customer services to see if they can waive or reduce the charge. He also said 6 out of 10 of this particular beds are sent back for the same reason. I argued if that is the case and I said I was concerned about my house then they should have explicitly explained the fee.

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scurryfunge · 01/10/2012 17:35

That's good, at least they are talking to you about it. Good luck.

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GotMyLittleLamb · 01/10/2012 17:52

thanks :)

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