Can a shop continue displaying an item which I have paid for?

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 Chris Sansum 19 Oct 2015
I recently bought a bed from Bensons. I went for a showroom display model to save some money. I have paid for the bed in full. They are telling me that they have to wait for a replacement bed for their showroom before it can be delivered. They are saying this could take a considerable time (5 or 6 weeks?).

In the meantime I went for a look in the showroom and noticed there is nothing on my bed to indicate it has been sold. They have covered it in a mattress protector, but it is still being used as a showroom display model despite the fact I have paid for it in full.

Are they legally allowed to use an item which has been paid for in full as a display item? Maybe I should be charging them a leasing fee if they want to continue using it in this way?

Cheers,

Chris
 ByEek 19 Oct 2015
In reply to Chris Sansum:

We had a look around Benson for Beds. They were ok. We then went over the road to the independent chap, who sold us a bed much cheaper then Benson for Beds and delivered it that afternoon. You could always ask for a refund.
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OP Chris Sansum 19 Oct 2015
In reply to ByEek:

I do want the bed, but it just seems like they are being slightly dodgy in delaying sending it out so that they can have a display item for free even though it is probably no longer legally theirs to use.

Just wondering what the legal position is, in case anyone has any knowledge about this sort of thing...
 ByEek 19 Oct 2015
In reply to Chris Sansum:

Perhaps, but a display item is just that. Had they allowed you to have one delivered, you would probably have to wait 6 weeks anyway and if they allow you to have what they have now, they would have an empty shop. I don't think you are going to win this one.
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 robhorton 19 Oct 2015
In reply to Chris Sansum:

Presumably you've paid for delivery (or it's included) as well? Was there no delivery date agreed when you paid for it?

I doubt it's illegal per se but they're clearly taking quite a liberty in keeping hold of your bed for 5-6 weeks to use as a display while they wait for another one. I'd suggest paying them a visit and insisting they either deliver the bed straight away or give you a refund.
OP Chris Sansum 19 Oct 2015
In reply to robhorton:
I was advised I would be contacted to arrange the delivery - I have not paid for the delivery yet...
Post edited at 12:05
 Philip 19 Oct 2015
In reply to robhorton:

Depends what terms you agreed? Usually if you buy something in the showroom you take it away. Did you agree a 6 week delivery time?

The idea of them replacing it makes me very suspicious. If they needed that model why sell you a used one (presumably at a discount) and then bring in a brand new one to also display and then have to sell at a discount.

Either you've bought a broken bed, or it was a sales gimmick to get you to buy, or they're not making any sense.

I have notice, when looking at sofa that a lot have "Sold" on them. I wonder if it's a furniture store gimmick. Sell the in-store ones for a small discount - that way it makes it look like things are selling well - and then keep replacing them. Perhaps it encourages people to part with their money.

Anyway, get in the store and start haggling on the price or the delivery. If that bed has any additional scratches / damage you might have a problem getting any resolution from them.
 jkarran 19 Oct 2015
In reply to Chris Sansum:

Presumably it depends what you agreed to.

If you've paid for it and want it now and it wasn't agreed pre-payment that you'd be loaning it to them indefinitely for display then it's yours to take today. Is the problem that you need it delivering and they're refusing?

jk
OP Chris Sansum 19 Oct 2015
In reply to jkarran:

Problem is i) I want it quicker than 6 weeks and I don't want them dragging the delivery date out indefinitely ii) The bed was in good condition when I bought it and I don't have any control over what happens between now and when it is delivered (although if something is wrong with it on delivery obviously I could argue this). I have paid for it in full so it doesn't seem right for them to continue to use it as a demo model...
 Chris Harris 19 Oct 2015
In reply to Chris Sansum:

Turn up at the shop with your pyjamas & a mug of cocoa. Settle down for a good night.
OP Chris Sansum 19 Oct 2015
In reply to Chris Harris:

Now that is a good idea! Do you think they'd mind me bringing a bed partner along?
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Tomtom 19 Oct 2015
In reply to Chris Sansum:

Walk into the shop and begin dismantling it, and carrying it away. It's yours, so why not?
cap'nChino 19 Oct 2015
In reply to Chris Sansum:

I've done this with the stuff I sell in the past. But I made it clear to the customer before buying that I need the machine and they will have to wait. If they were upfront about this before you bought I don't see the problem. if they weren't then I would perhaps have a grumble to them.
 Chris Harris 19 Oct 2015
In reply to Chris Sansum:

> Now that is a good idea! Do you think they'd mind me bringing a bed partner along?

Depends on the choice of partner I suspect. How many legs for a start?
 eltankos 19 Oct 2015
In reply to Chris Sansum:
Perhaps you could charge them rental until they deliver it to you?
 FactorXXX 19 Oct 2015
In reply to Chris Sansum:

Do a Tracey Emin with it...

 Tobes 19 Oct 2015
In reply to Chris Sansum:
Have you spoken to the shop themselves about this?

Surely you just tell the shop manager your concerns and see what options they offer you. tell them you don't want it on display any longer/want it delivered or get a refund based on your concerns.

If you've already done this apologies for stating the bleedin......then what was their response?
 Indy 19 Oct 2015
In reply to Philip:

> The idea of them replacing it makes me very suspicious. If they needed that model why sell you a used one (presumably at a discount) and then bring in a brand new one to also display and then have to sell at a discount.

> Either you've bought a broken bed, or it was a sales gimmick to get you to buy, or they're not making any sense.

Why is everyone so freaking suspicious that everyone is out to rip them off??? Maybe the sales person didn't want a empty space. Or was still selling the model but not having it on show so a higher seller could replace it?

Was in John Lewis on Saturday to buy a new TV as LG has just released there new 2015 OLED's. Was surprised to see that they only had the old ones on display. JL said that I could buy a new one as they were in the stockroom but they wouldn't go on display till the old ones had been sold. Basically the salesman was quite happy for me and £000's to walk out of the door to another retailer. "If I put the new ones out then I won't be able to sell the old ones." do I care?
 Andy Hardy 19 Oct 2015
In reply to Chris Sansum:

You own the bed, and currently you're not getting any benefit from it.

Hire a van, go to the shop and take your bed home. Don't forget your receipt to prove the bed's yours (in case they kick off).
OP Chris Sansum 19 Oct 2015
In reply to Tobes:

I'm waiting for a call from them - I spoke to them last week and they agreed to find out when they will get their replacement for the shop space so they can deliver mine. I just wanted to get some opinions / advice on the legal position in case they come up with a ludicrous delivery date...

I guess from their perspective they may have 1 bed with each of 3 types of mattress and they need to always have an example of each in their store. But on the other hand they need to be reasonable to the customer in the amount of time they can take to get their replacement in...
 Graham Mck 19 Oct 2015
In reply to Chris Sansum:

You are likely to wait 5/6 weeks to receive that call. Hassle them - its the only way imo.

Based on my experience of working in Citizen's Advice you can ask for your money back if you don’t receive the item either:
1. within 30 days of buying it
2. on the date you agreed with the seller - you don't make it clear what date you agreed at point of purchase??

If the seller refuses to give you your money back, you should put your complaint in writing - follow their complaints procedure if they have one.

Finally - have you bought the matteress as well as the bed? If so i wouldnt fancy taking a matteress that is still being used as a display model for another 6 weeks!
MarkJH 19 Oct 2015
In reply to Andy Hardy:

> You own the bed, and currently you're not getting any benefit from it.
> Hire a van, go to the shop and take your bed home. Don't forget your receipt to prove the bed's yours (in case they kick off).


Risky advice. Whether he has taken ownership depends on the contract he agreed to. If it was not defined, then he took ownership when the contract was agreed. If he agreed to a delayed transfer of ownership, then it remains property of the shop; regardless of whether he has paid or not. The receipt proves that he paid them a sum of money; it doesn't prove that the bed is his.

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