To sum up:
1.
The Seller has provided misleading information
to us (presenting wrong pictures on the website and promising that what
we saw will be delivered however they deliver another product)
2.
The Seller is making deceive statements: the seller is saying
that we didn’t specify that we need a model without extra legs however we were very specific about it from the very beginning
3.
Once Seller delivered wrong and faulty model we requested refund but seller refused money refund and refused return
delivery at his own cost - this is against the law.
On
the NSW Fair Trading site
http://www.fairtrading.nsw.gov.au/ftw/Businesses/Selling_goods_and_services/Refunds_repairs_and_replacement/Refunds_for_goods.page
says that:
Who is responsible for returned goods?
When
the consumer tells you they are returning the goods, the goods become
your property. You are responsible for any loss or damage to the goods
from this time.
The consumer must return the goods to you unless the cost of returning, removing or transporting is significant – for example, the size makes transportation costly.
If so, you must collect the goods at your own expense and within a reasonable time.
Examples of goods you would have to collect:
- a 127 cm LCD TV
- a bed
- a swimming pool filter connected to a pool by fixed pipes
===================================
Case details:
On 26/01/17 we ordered 'COLORADO (MODEL 21-18-2-1-14) TRIO
TRIPLE BUNK BED' from The Big Mattress Australia http://thebigmattress.com.au
Address: Auburn Home Mega Mall, Level 2, 265
The model we ordered has 4 legs (as per design).
On 16/02/17 we received email from the seller "We would
like to offer a same bunk that is currently in stock as per Craig" - Tristan
Carvajal <tristan.myfurn@gmail.com>
We replied to that message that we still need to have a
model as per original design with 4 legs, comparison pictures were provided to
the seller.
We've also made it very clear with the following statement
"if you refer to another model
(with extra legs - see sample from another website attached) then we don't want
to proceed, please return money paid (order #199)"
The Seller had insured us that we will receive exactly what
we ordered but under different product name 'DARWIN TRIO TRIPLE BUNK BED' so we
continue waiting for the delivery.
On 25/02/17 we received our order but the bed what
different.
The bed we received has 8 legs as per design and the package
had 1 leg missing. We immediately reported this issue to the seller with
request to provide the bed with 4 legs but he refuses the fact that we
requested another bed. The seller has also refuses money refund.
The last email we received from the Seller:
>>>>>>
The Big
Mattress Australia <craig@thebigmattress.com.au> 25 February 2017 at 10:20
Reply-To:
"craig@thebigmattress.com.au" <craig@thebigmattress.com.au>
Tristan
- 25/2/17 - 1 X LEG MISSING - customer agreed to an exchange of bunk -
therefore not able to refund - there was no specification of how many legs
under the bunk that were or were not required - request for refund not approved
- management -
>>>>>>
We did NOT agree to exchange our order to another bunk with extra legs.
In our response, we made that very clear that we need a bed as per original
specs (with 4 legs). In addition, comparison pictures with explanation details
were provided to the Seller.
On 16/02/17 we received another email from the Seller stated
that "It will be the same as the one pictured from our website".
The picture from the website page has bunk bed model with 4
legs only. This model we received is completely different to what we ordered:
because of the extra legs in the centre of the bed base the DARWIN model no
storage space under the bed for bulk items. Extra storage space was the key
reason to choose COLORADO model with 4 legs only.
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