Crappy Cot, Any advice -legal or not - so dissapointed

[visitor1]

it does say factory seconds clearly..and to me..does stand out

Call around, you might have an avenue to get your money back

[HotI]

The website says they sell new, preloved and factory seconds but they don't label that cot as a factory second. I would be upset, and would dispute it as well.

[Maruschke]

The website says they sell new, preloved and factory seconds but they don't label that cot as a factory second. I would be upset, and would dispute it as well.

Actually it does on the page!

[Ahurani]

Well

When you go to specials it doesnt say

but when you go to the sleeping section it does... weird

[maz]

Arent they legally ment to state what is wrong if its a second????

hmmm Ive had my bad share of cot exploits.....dont take it...if you dont agree fight it

[HotI]

Actually it does on the page!

Not on the page where you go through the Specials link!

I went through the Specials link and found the cot. I also searched for "cot" and "sereno" using their search function (because i was looking for where it did say factory seconds for THIS item), and neither of these searches led to the item. A customer shouldn't have to do this extra searches, but even if you did you still don't get sent to the page where this descriptor is included.

This is their error in not having 'factory second' listed on every page that the item is advertised, and they should be addressing your concerns.

[Visitor3]

Thanks to everyone for your replies and advice. I have removed the link Briggsy's Girl (thanks for the advice )

I spoke to Fair Trading today and the lady advised me that I am in the right. She told me to write an e-mail to them about what happened and that I am entitled to a full refund. She also said it was not reasonable to expect a consumer to have to search the entire website to confirm if the product happens to be a Factory Second and that it should be clearly stated on EVERY page not just one. It goes against the Trade Practices Act , general fair trading and also Product Safety. It's not like the cot has a few scratches on it, they are deep scratches and the joins are sort of crumbly as well and wood is flaking off ???
So I'm going to take photo's, I have a screen print of the page and I am going to write my e-mail !
Thanks again and wish me luck girls

[misty]

Good luck!

[Lisa]

I went straight to the specials page, saw the cot and nothing mentioned about factory seconds. I definitely think you do have a leg to stand on. Definitely screen dump and stand your ground until you get what you want.
All the best hun

[Visitor3]

Quick update to those who have been following my post on the Sereno Cot by Love n Care purchased online, paid for over the phone to Baby Savings Co in NSW... Which arrived in terrible condition !....

I sent an e-mail yesterday to Baby Savings Co outlining my dissapointment and intentions to go to NSW Fair Trading if this matter could not be resolved at no further cost to me. I also e-mailed photo's of the deep scratches, dents and where wood and paint was actually flaking away at the joins as well as well as a scanned copy of the receipts.
Well ! I am so relieved ! I just got a phone call this morning from the girl I spoke to when I discovered the crappy cot that had been sent. So she starts off by letting me know where she's calling from and asking if I had received her e-mail? I said I had not had a chance to look this morning and my stomach kind of got nervous cause I thought, here we go, what excuse am I going to get here?

But no, she started of by apologizing for the crappy Cot and that she did not realize from our conversation on the phone the extent of the damage. She said usually when customers complain, they are complaining about superficial scratches and that's why she kind of dismissed it and said it could be spray painted over. She also apologized for this assumption too.
She said she had looked at the photos I sent and she was absolutely shocked and usually the factory seconds they get sent from Love n Care are superficial scratches but that his was far more than superficial. I agreed and explained that, that's why I sent photo's because it was really terrible and unsafe to even consider putting a child in (flaking wood and paint). She agreed and then said, that she had called Love n Care and told them what had happened and that they have ruined the reputation of Baby Savings Co by dispatching a product so below standard to them, to ship out. She went on to say that she would choose another cot with no markings and that if she finds that all the Sereno cots are Factory seconds then she would upgrade to a different cot and have it shipped out by Friday at the expense of Love n Care !!!!! yay!
I am so happy and I told her I appreciate her resolving this situation so quickly and thanked her. She said "No that's ok, thank you for being understanding". She also said the crappy cot would be picked up by the courier at the time they drop off the new cot also at no further expense to me. ( I did say in my e-mail that It isn't reasonable to expect that I should have to pay for shipping twice and therefore be out of pocket $88 for their mistake)....
So the conversation was finished very pleasantly and she apologized again and said she would have a cot to me by next Monday and that she understands that thhi is the last thing I need, being not far away from being due.
I thanked her and said that I appreciate that, and that was it !
I just had a look at the e-mail she sent me and it says

"Hello Jane,

I have just viewed your email and the images if the sereno cot, from our conversation on Monday I was not of the impression of the extent of the condition of the cot. I am mortified of the condition. I did state during our conversation that it was outside of refund terms and did suggest that we contact the supplier Love N Care to see if they will fix the cot by re-spraying "scratches". The factory seconds cot were discounted as they have superficial scratches. The photos you have provided are more than significant scratches. I will be in touch with the supplier to rectify the issue immediately. I will be in contact with you tomorrow afternoon.

Regards Alex
BabySavings Co"

In addition to the conversation I had with Alex this morning, I am happy to say that I am very happy with this outcome and I just also wanted to thank everyone who contributed their point of view and shared their experiences in terms of this situation.
Here's hoping I get a nice new cot as I originally intended.....

[visitor1]

Yay..what a great outcome!

[leesha]

I had a look too and it says:
Love N' Care Sereno Cot

FACTORY SECONDS

ON SPECIAL FOR $190.00!!
*price only valid for WHITE Sereno Cot

If this is the same one you purchased then yes it clearly says Factory Seconds....and you don't have much to go on....sorry!!!!!!!!

[visitor1]

I think only way you would get around it is if you did say you only looked in the 'Specials' section as it does NOT say 'Factory Seconds' in the description (not that it even had any desciption in there..LOL)...but in the main 'Sleeping...Cots' section it does clearly say 'Seconds'.

So fight on that level...(Specials section)

[Bumperstump Cummerbund]

I went through this EXACT thing with a major bed retailer - we bought a bed from the floor, inspected it at the time, but when it was delivered it had pen and texta marks, scratches etc.

Lonng long LONG story short - I got legal advice and found that if you are not happy with the condition of the merchandise, YOU are the one who determines the action necessary, NOT the retailer. Meaning that they can't say you can only have store credit, if you want a money back refund, that's what you get.

It took me MONTHS of emailing back and forth, and a couple of times I wanted to just give up, but once I found the above info, I emailed it to her, and said I would be pursuing legal action if she didn't authorise the refund within 7 business days. I got an email the next day saying something like, 'well we don't want to admit liability but to shut you up, here's your money back'

PM me if you need some help darl

[Visitor3]

I think only way you would get around it is if you did say you only looked in the 'Specials' section as it does NOT say 'Factory Seconds' in the description (not that it even had any desciption in there..LOL)...but in the main 'Sleeping...Cots' section it does clearly say 'Seconds'.

So fight on that level...(Specials section)

Yeah that's exactly what I did? I was looking for a white cot on special so I looked in the specials section and clicked on cots. If you follow the path I took and go to the specials page, it does not say Factory Second, at all ?

I didn't even think to search the rest of the website "just in case" it happened to say Factory second somewhere. None of the conversations I had with the sales girl indicated that it was a factory second AND I got three receipts on arrival taped to the box, One was my visa payment receipt, one was a written receipt that does NOT say Factory Second and one is a printed receipt that DOES say factory second?

Eurgh ! I will take a screen shot of the page an call Fair Trading tomorrow.

sunflowa_girlie I have PM'd you for any advice you may have, having been in a similar situation. Thanks......

[briggsy's girl]

take a screen dump of the page you went to so that they can't change it - then pursue it for sure -just make sure you have a copy of the page you were looking at so that they can't change it and say it had factory seconds on there when it doesn't

i'd also suggest you take the link out of your opening post cos it links to a sales site - you don't want to be infracted - just put in google terms for people to search for it that way...