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  • FIRST POST
    • dechelski
    • By dechelski 18th Apr 17, 4:53 PM
    • 1Posts
    • 0Thanks
    dechelski
    Sales of Goods Act / Consumer Rights Act
    • #1
    • 18th Apr 17, 4:53 PM
    Sales of Goods Act / Consumer Rights Act 18th Apr 17 at 4:53 PM
    Hi Folks.

    New here, but wanted to obtain some advice on my situation.

    I purchased a 5ft 'Coil-Sprung' Mattress from a cheap beds/mattress website at a cost of £120.99 on 22nd January 2017. I bought this as I was in the process of renovating and wanted a new one. I didn't open the mattress though until 13th April 2017 as I hadn't needed to until then.

    Upon opening it, I noticed it has a small tear in the fabric, but wasn't overly bothered by that considering it would be covered up by a mattress protector, and a bottom sheet. I did notice though, that it had an absolutely wide pungent smell of raw fish!

    As per the instructions, it recommended 'Airing' the bed out between 2-3 days, which I did prior to sleeping on it however the smell is still there - not quite as strong, but still strong enough to make me feel really uncomfortable when I'm on it.

    Anyway, that's not even the main issue - the bed is as uncomfortable as hell. The springs are very sharp and feel very pointy when lying on them, and it feels like someone is poking / prodding you - very uncomfortable. It also sinks in the middle. Overall - a very disappointing and smelly purchase.

    I contacted beds.co.uk today to report this issue and asked for a replacement (not a refund) and they told me NO!

    The reason for this is because they state on their website that you get '14' days and then states this: If any goods are received with any parts missing, we will send out a replacement as soon as possible. Please notify us within 48 hours of delivery of any damage to the goods, as we may not be in a position to exchange damaged items at a later time. Goods must be returned in their original packaging and in new condition, any goods which have been assembled can not be returned. Any goods that are not in their original packaging can not be returned. Photographic evidence may be required in order to replace damaged parts.

    If you wish to exchange your order an exchange charge of up to £49 will be incurred.



    The lady on the phone basically wasn't bothered and it's clear that this company isn't going to help me out - therefore I really need some advice. Am I within my rights? Is there anything I can do? Thanks in advance. Chelsea.
Page 1
    • wealdroam
    • By wealdroam 18th Apr 17, 5:05 PM
    • 18,648 Posts
    • 15,548 Thanks
    wealdroam
    • #2
    • 18th Apr 17, 5:05 PM
    • #2
    • 18th Apr 17, 5:05 PM
    As you bought this mattress online, you had fourteen days from the date of delivery to cancel the order for any reason.

    You had 30 days from the date of delivery to reject the goods for a full refund if they do not conform to contract.

    In the situation you are now in, you can seek a remedy from the seller and and any fault can be assumed to have been present at the time of sale. It is for the seller to prove the mattress does conform to contract, not for you to prove anything.

    Also worth noting that if it is decided that the thing is inherently faulty, then the seller must cover all the costs in providing that remedy.

    It's the Consumer Rights Act, not the Sale of Goods Act, that covers your purchase.


    Might be worth reading MSE's Consumer Rights guide.
    • bris
    • By bris 18th Apr 17, 5:42 PM
    • 6,710 Posts
    • 5,750 Thanks
    bris
    • #3
    • 18th Apr 17, 5:42 PM
    • #3
    • 18th Apr 17, 5:42 PM
    Comfort is subjective and a small tear can now be put down to accidental damage as you didn't report it as you should have done right away. You bought it 3 months ago now so you are really relying on goodwill.
    • Hermione Granger
    • By Hermione Granger 18th Apr 17, 9:06 PM
    • 727 Posts
    • 1,114 Thanks
    Hermione Granger
    • #4
    • 18th Apr 17, 9:06 PM
    • #4
    • 18th Apr 17, 9:06 PM
    Comfort is subjective and a small tear can now be put down to accidental damage as you didn't report it as you should have done right away. You bought it 3 months ago now so you are really relying on goodwill.
    Originally posted by bris

    Absolute tosh.
    The OP does not have to rely on goodwill. they have to rely on their legal rights under the Consumer rights act. (something that you should read sometime)
    As already correct stated by wealdroam, any fault currently present is assumed to have been present when the mattress was sold and it is up to the retailer to prove otherwise and if they can't or won't do this then goodwill doesn't come into the equation.
    • mutzi
    • By mutzi 19th Apr 17, 12:13 AM
    • 150 Posts
    • 113 Thanks
    mutzi
    • #5
    • 19th Apr 17, 12:13 AM
    • #5
    • 19th Apr 17, 12:13 AM
    Absolute tosh.
    The OP does not have to rely on goodwill. they have to rely on their legal rights under the Consumer rights act. (something that you should read sometime)
    As already correct stated by wealdroam, any fault currently present is assumed to have been present when the mattress was sold and it is up to the retailer to prove otherwise and if they can't or won't do this then goodwill doesn't come into the equation.
    Originally posted by Hermione Granger
    Absolute tosh indeed. Bris is correct. I've copied the relevant parts below so you can have a read too

    The six month rule, and its exclusions, are not well understood.

    (14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

    (15)Subsection (14) does not apply if—
    (a)it is established that the goods did conform to the contract on that day, or
    (b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.
    http://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

    For the comfort issue, the OP still needs to prove the fault actually exists, such that the contract has been breached, they just don't need to prove it is inherent within six months. But how do you prove it's not comfortable enough? Drag it down to the court and invite the judge to try it?

    For the tear, subsection 15b kills off 14 for things like "it arrived damaged but I didn't notice until months later".
    Last edited by mutzi; 19-04-2017 at 12:15 AM.
    • shaun from Africa
    • By shaun from Africa 19th Apr 17, 10:06 AM
    • 9,333 Posts
    • 10,507 Thanks
    shaun from Africa
    • #6
    • 19th Apr 17, 10:06 AM
    • #6
    • 19th Apr 17, 10:06 AM
    I know it's too late now but as the saying goes, you get what you pay for.
    A new sprung double mattress costing £120 was only ever going to be of extremely low quality and whilst this doesn't excuse the damage or smell, the CRA does allow for the quality of the goods to take into account the price purchased and IMO, the comfort of a mattress is a quality, hence a price related issue.

    Unless you are 100% sure (and can prove) that the mattress was damaged when delivered then I would say that you are on a loser by attempting legal action close to 3 months from delivery.
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