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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I bought a bed which was delivered today and the mattress is

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I bought a bed which was delivered today and the mattress is a few centimeters short - the shop is telling me I cannot return it and get my money back as it was a bed sold in clearance. I think I should be able to return it based on basic statutory rights. What can I do?

Hi,

 

Thanks for your question.

 

Did you buy the bed at the store, or did you order it from home?

 

Kind regards,

 

 

Tom

Customer: replied 7 years ago.
I bought the bed in Morleys a department store in London

Right. If you purchased it at their premises then I'm afraid there is no automatic cooling off period implied in to the contract.

 

Did you buy the bed and the mattress together and if so did you notice that the mattress was short when you ordered it at the store?

 

Kind regards,

 


Tom

 

 

 

Customer: replied 7 years ago.

Hi Tom - unfortunately I didn't notice this - also I was not told by sales assistant that it was non-returnable . . . had I known that then I would not have bought it as it's a ;ot of money to spend on something that might not be right.

I actually bought the matress to fit my current bed they threw in the divan base as they could not be able to sell the base on its own- as a result I thought I might exchange divan base in my spare room for the new one.

OK. Was the mattress sold being described as having certain measurements?

 

Kind regards,

 


Tom

Customer: replied 7 years ago.

 

It was described as a double bed at 135cm - when I measure it, it's 132cm - when they measure it they say that to measure correctly you measure from the bulge of the mattress at the side to the bulgof of the mattress on the other side. I guess i have to hope for some further softening from the store manager.

 

Is there anything you think I can do try to influence the stor managers decision and get my money back?

Okay.

The Sale of Goods Act implies certain terms about the goods being of satisfactory quality and corresponding to the description. Given that under at least one interpretation of the measurements (ie. theirs) the mattress the mattress does correspond to the description then you would be, in my view, on rather shaky ground if you issued a claim for the refund at Court.

 

If there was a defect with the bed which resulted in it not being of a satisfactory quality then you could possibly claim a replacement or a refund depending on the seriousness of the breach, but on the facts it does not really seem to be a quality issue.

 

In my view I would do a bit more sabre-rattling, tell him you are aware that the Sale of Goods Act implies certain terms about quality and description regardless of the fact that it was sold at clearance. I personally would aim for a replacement mattress from them rather than a refund of the whole. State that you do not wish to issue a claim but will do (as a bluff) if necessary. Try to reason with him and see if you can get a replacement mattress out of him.

 

If it does not work you can seek specific advice from a litigation solicitor for them to specifically appraise your claim but it sounds as if you would be starting on a bit of a thin ground and you could get hit for their legal fees (as a store they would certainly defend with a lawyer) in the event that you lose. These fees could over £2, 000.00 for a start.


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Kind regards,

 


Tom

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