Returns/Contracts

[milly123]

Hello.
We recently purchased a new bed from a well-known High Street retailer and were told at the time of purchase that if it didn't meet our comfort requirements we would be able to return it - subject to a collection charge.
We have now taken delivery and unfortunately the bed does not meet our requirements.
Whilst we are willing to pay the collection charge as agreed, the retailer is now claiming "no returns" and refuses to collect the bed and refund our payment.
We feel that we were misled at the time of purchase. Are we right in thinking that the verbal information given at the time of purchase regarding returns, forms part of the contract?
Advice welcome.
Thank you.

 

[ALewis]

Hello,
A verbal contract is just as enforceable as a written one. However you are disputing a 'term' of the contract here.
A term is one such as you stated 'you can return if not good enough' similarly a term could be 'cash upon delivery'.

If you've agreed to a term, it is fully enforceable under the Law of Contract.
As both yourself and the retailer have agreed to the terms and finalised the contract, both parties are legally bound to it.
You can insist on them collecting the bed for a refund (but pay for collection) - as this is what your contract states.

If the retailer refuses to obide by your contract you can (after notice) send the bed back yourself at your own cost by other means for a refund.
If you do not wish to do this, you can opt for a more legal route and use the courts to recover the cost for the bed . (But first you must follow procedures of sending letters to retailer, giving sufficient time to collect etc... We'll talk you through it)

How much was the bed? (so we know which legal route you need to use?).

Alewis

 

[milly123]

Hello.
Thank you for your reply.
It was £832.50.
Regards.