New bed fell apart within 3 months - options

Soldato
Joined
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Widnes
Hi guys,

I bought a new bed and mattress from Paul Simon three months ago. It's an Ottoman so the mattress lifts up to reveal storage.

Around three months after purchasing and putting it together I was sitting on the edge of the bed when I heard something fall. I lifted it up and saw the left support beam had fallen off. When I attempted to rescrew, the screws just spun. I rang the store and they told me they'd send a replacement sideboard and I could go ahead and glue it. Three weeks later and two days of waiting for a delivery van the part arrived, but after a lot of chasing I really just don't want the bed anymore. I'm concerned for the quality of the rest of the bed and would rather get a refund.

So, I purchased the bed on my credit card. Even though they've sent out replacement parts am I likely to be entitled for a refund? As I bought the bed with the mattress I figured claiming under s74 of the Consumer Credit Act might be difficult as I don't need the full amount. I got a discount for buying both, how would be best to fight for the discount being applied to the mattress? I don't mind them taking the mattress back but there's nothing wrong with it.

I'm basically open to suggestions for how I should approach this when I speak to the store manager tomorrow. He's impossible to get hold of and the customer service has been dire. I didn't screw the support rail to the side board by the way, this is done in factory and so the problem was caused by them (or at least the replacement ones have been so I assume the originals did).

Cheers
 
You are not entitled to a refund - they are entitled to offer to repair or replace the product.

A single fault - however irritating - is not, IMHO, sufficient grounds for a refund under SOGA.
 
Fox is right here, however if it breaks again, then you've got more of a chance, in the case it does break again, talk to the company first.
 
[TW]Fox;24218683 said:
You are not entitled to a refund - they are entitled to offer to repair or replace the product.

A single fault - however irritating - is not, IMHO, sufficient grounds for a refund under SOGA.

Boo, was hoping this wasn't going to be the case, especially seen as I haven't been able to use the left side of the bed incase it broke even more!

Taking this thing apart and rebuilding it is going to be annoying :(

Thanks for the info anyway.
 
[TW]Fox;24218683 said:
You are not entitled to a refund - they are entitled to offer to repair or replace the product.

A single fault - however irritating - is not, IMHO, sufficient grounds for a refund under SOGA.

I agree, however I think the OP is entitled to have the fault repaired rather than be given the parts to DIY.
 
If it continues to break then its not fit for purpose and there for you are entitled to a full refund... but you have to prove its not fit for purpose ...
 
If it continues to break then its not fit for purpose and there for you are entitled to a full refund... but you have to prove its not fit for purpose ...

Fit for purpose is nothing to do with whether it breaks or not. Fit for purpose is about suitability for the task it was sold for. If you had asked a salesman if you could use the bed as a wheelbarrow (extreme example to make a point) and he had assured you that, yes, you could and it turned out you couldn't, then that is 'not fit for purpose'.

Something going wrong doesn't fit the 'not fit for purpose' definition so I'm not sure why people keep dispensing consumer advice as if it does. Faulty manufacturing comes under 'merchantable quality', IIRC.
 
[TW]Fox;24219446 said:
Fit for purpose is nothing to do with whether it breaks or not. Fit for purpose is about suitability for the task it was sold for. If you had asked a salesman if you could use the bed as a wheelbarrow (extreme example to make a point) and he had assured you that, yes, you could and it turned out you couldn't, then that is 'not fit for purpose'.

Something going wrong doesn't fit the 'not fit for purpose' definition so I'm not sure why people keep dispensing consumer advice as if it does. Faulty manufacturing comes under 'merchantable quality', IIRC.

Well it inst fit for purpose as a bed if it is, instead of a bed, just a pile of collapsed wood and material on the floor :p
 
secret identity of the op:

58906_1.jpg


B@
 
[TW]Fox;24221801 said:
Fit for purpose has specific legal meaning though. It doesn't mean that.

Depends on which section of the act you are using re: general or specific purpose.

I have a feeling we've been here before... :p
 
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