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

Hi girls,

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 ?

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

You should probably also take some screen shots of the website in case they make changes. Definitely contact fair trading/consumer affairs.

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.

Is there anyway you can fix the scratches?

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.

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

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

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.

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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.

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Actually it does on the page!

Well

When you go to specials it doesnt say

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

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

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!!!!!!!!

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)

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 :)

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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)

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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......

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...

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.

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Actually it does on the page!

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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.

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

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 :protest: