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

[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

[Bathsheba]

Good work and good luck following this through!


Reminds me of a situation my DH experienced earlier this year. He noticed that a previously vacant shop on Collins Street Melbourne was being used by shirt makers Rhodes & Beckett to sell shirts at heavily reduced prices (just shirts on trollies, no carpet or decor, just a temporary set up). So he went in and bought two of them. Then he came home and proudly showed me and crowed about how much money he had saved. The sale continued the next day... he told a few of his colleagues.. who went and had a look too. Then he had a meeting with a client... and I could be breaching confidentiality here but lets just say that DH then found out that the shirts that he had bought were infact factory seconds!!!! The client said; "so have you discovered what the faults are yet?" DH was horrified! I went over the shirts with a visual fine tooth comb but couldn't see anything more serious than a loose button on one and a sewn in fleck of something brown (looked like a splinter, it was tiny... it came out). So no harm done. But there was definitely no reference to the sale being factory seconds! So caveat emptor (buyer beware) and be highly suspicious of heavily reduced items! If it didn't happen months ago i'd probably follow it up with Fair trading too.

[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!

[Bathsheba]

That's fantastic and admirable that you both ended the conversation on good terms I know too many people who would have been indignant to the very end despite the apologies and ended with something like "Well so you SHOULD be sorry!!!" I always cringe when I hear that But you have done so well and it now sounds as if this girl is going to do everything she can to make it all better!

[maz]

fantastic hon!!!! SO glad that she saw that you weren't an over the top pg woman and that you were speaking the truth

NOw you know you have to share pics when it arrives and is set up

[Lisa]

Yay! That is brilliant. I think it is fantastic that they resolved it in the way they did.