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

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  1. #1

    Nov 2007
    Earth
    4,434

    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

  2. #2
    Registered User

    Mar 2006
    332

    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......

  3. #3
    Registered User

    Dec 2006
    In my own private paradise
    15,272

    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...

  4. #4
    2013 BellyBelly RAK Recipient.

    May 2007
    Brisbane
    5,310

    I DO think you have a leg to stand on. The fact that you can buy directly from the page that DOESN'T say 'Factory Second' even though that particular item IS a factory second, is misleading. How are you to know that one listing that says factory second applies to another listing that doesn't? I would be pursuing it based on that. If you were directed to the factory seconds page BEFORE purchase, that would be different. Does it say anywhere on the receipt that it is a factory second? Or maybe an order confirmation email or something?

    I would have assumed they were two different listings, if it were me. Yes they're the same price but I would have thought they were two different items. Definitely pursue it.