Just wondered if anyone had any advice or experience with fair trading or what I can do in this situation.
In May I started looking for a cot and looked online as well as all the usual baby stores. I was so excited when I found a great special for a Sereno Baby cot for $190. I rang the number on the website and spoke to the girl who was lovely and organized for the cot to be sent down from Sydney (I'm in Melbourne), paid for it over the phone, nice and easy.
Anyway DH unpacked it yesterday to put it together and it had a deep scratch on the bedhead panel ? The more he unpacked the more scratches and dents he found.I was so disappointed, I rang them up again and told them what happened.
The girl on the phone (not the same girl I had dealt with initially) told me that the cot was well out of the return period and that it was a factory second so I wouldn't have been ale to get my money back anyway. I was very surprised because there was nothing on their website to indicate that it was a factory second, it just said "special". I told her this and that in all the conversations I had with the girl who organized the transaction, she never mentioned that it was a "factory second"?
Then the girl I was speaking to, told me that it was "clearly" marked and that this is why it was only $190 dollars because it was a factory second.
Should I have assumed that is was on special because it was a factory second? I was so confused.
Anyway she said I could call her on Monday and have it couriered back (at my own expense, again) and I could purchase a new cot from them but hat I couldn't get my money back?
I later jumped on their website again, Baby Savings Co and had another look to make sure it wasn't baby brain. So I went to products, then specials , then clicked on Sereno Cot and I WAS'NT losing my mind. Nowhere does it say Factory second, it just says "special". BUT then, DH had a looked and he clicked on "sleeping", then "cots" then "Sereno by love'n'care" and there it DOES say Factory Seconds but in smaller writing than where it screams, "SPECIAL".
My question is, Do I have a leg to stand on because I genuinely didn't see that it was a factory Second? I don't have a problem with Factory Seconds but I never would have bought a Factory Second unless I could go down to the factory to check it out.
I'm 4 weeks away from giving birth and I feel so, so disappointed and don't know what I can do? I don't know if I should spend more money on top of the money I've already spent or fight it because it just seems so unfair !
What do you girls think ?
Last edited by Visitor3; July 10th, 2009 at 12:47 PM.
I would ring fair trading and get their advice.
It should be clearly makred as a second, you shouldnt have to search the site for a hidden page that says it.
Id do it tomorrow too so that it hasnt changed before its look at if they investigate it.
I know in the past companies have been held liable for not clearly marking prducts - like when big name stores have 15%off everything then fine print that excludes X,Y and Z
Definitely get in touch with the dept. of fair trading - they may be able to help you.
Now having said that, even though I think you are in the right for this, be prepared for the fact that it is still unlikely to be resolved. Unfortunately, in instances like this, you are often left just to live with it, because the costs associated with pursuing any legal avenue often outways what you get out of it. Further to this is the time factor involved. Even if you do manage to get this resolved satisfactorily, then it is likely to take alot longer then four weeks to do so, given their current attitude.
Basically you need to weigh up how much and how far you are willing to pursue this.
I am not trying to discourage you, and wish you all the luck sorting this out.
Can you try again, ring the company or send them an email clearly outlining where they fell short of their obligations? State what you think it is worth and ask for a portion of money back, say 50%? I did this when a removalist took all day to move what was a 3 hour job, and they OFFERED me a refund of $300. It could be worth a try.
However, the website does say 'seconds' even if it is smaller than 'special'. I would probably do the same if I was advertising something; I would emphasis the positive (special) rather than the negative (seconds). The company might not be willing to budge at all because of this.
EDIT: I just checked out the site and it does say factory seconds quite clearly. I am not sure you have an avenue of recompense here. The only thing it doesn't say is what sort of damage there is.
You can always resell the cot on ebay if you really don't want it.
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.
Crappy Cot, Update
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