MattressNextDay[TEXT DELETED BY FORUM TEAM] - Terrible customer service

Orrin

Can I withhold a refund if a consumer fails to take
reasonable care of the goods?
3.47 No. Other than for the exceptions at paragraph 3.38 the DSRs give
consumers an unconditional right to cancel a contract and legally
oblige you to refund all sums due in relation to the contract as soon
as possible after the consumer cancels, and within a maximum of 30
days. The DSRs do, however, give suppliers a right of action against
consumers for breach of the statutory duty to take reasonable care.

So no, even if a retailer decides that because you've unwrapped the mattress and laid on it you've failed to take "reasonable care" of it you still have the right to return it under DSR for a refund.

Orrin

The_Pedant wrote: »

Personally, I would not necessarily want a mattress that someone else had slept on for a couple of days unless it was still sealed, would you?

I wouldn't either, but there is nothing in the regulations that makes the return of goods contingent on them being able to be resold.

I agree it's possible to make a case for mattresses being exempt as goods "which by reason of their nature cannot be returned", but it's far from the certainty that Tim suggests and is contradicted by the OFT guidance (section 3.41 in the leaflet I posted).

Just because every major retailer says they won't accept returned mattresses that have been opened doesn't necessarily make it so. There are plenty of retailers whose T&Cs state they will charge an administration or restocking fee for example, even though these are not allowed under DSR.

Tim_Deegan

Orrin wrote: »

I wouldn't either, but there is nothing in the regulations that makes the return of goods contingent on them being able to be resold.

I agree it's possible to make a case for mattresses being exempt as goods "which by reason of their nature cannot be returned", but it's far from the certainty that Tim suggests and is contradicted by the OFT guidance (section 3.41 in the leaflet I posted).

Just because every major retailer says they won't accept returned mattresses that have been opened doesn't necessarily make it so. There are plenty of retailers whose T&Cs state they will charge an administration or restocking fee for example, even though these are not allowed under DSR.

Like I said, you are using guidance notes. That doesn't make you an expert in law.

allstar4eva

Tim_Deegan wrote: »

Like I said, you are using guidance notes. That doesn't make you an expert in law.

The FACTUAL evidence posted suggests that mattresses are not excluded under DSRs. If a retailer feels that a customer has not taken reasonable care they would have to pursue them through the courts under a separate action but they must refund the customer under DSRs.

aheaton46

Tim_Deegan wrote: »

Like I said, you are using guidance notes. That doesn't make you an expert in law.

But you are ignoring the guidance notes and stating something different, while refusing to provide anything to back up your view.

Tim_Deegan

aheaton46 wrote: »

But you are ignoring the guidance notes and stating something different, while refusing to provide anything to back up your view.

I'm not ignoring anything. The fact is many people on here who are arguing are interpreting the DSR's to suit their own personal view. The fact is that I know how DSR's are interpreted in court because being in the trade it is in my interest to know. So although some people are trying to argue against it as a barrister may do in court. The fact is that mattresses are included in the exceptions....FACT.

Orrin

Tim_Deegan wrote: »

I'm not ignoring anything. The fact is many people on here who are arguing are interpreting the DSR's to suit their own personal view. The fact is that I know how DSR's are interpreted in court because being in the trade it is in my interest to know. So although some people are trying to argue against it as a barrister may do in court. The fact is that mattresses are included in the exceptions....FACT.

Well now we're getting somewhere.

Someone asked earlier in the thread about case law and I wasn't able to find anything, so if you know of actual court cases that clarify the position then please enlighten us!

Tim_Deegan

Orrin wrote: »

Well now we're getting somewhere.

Someone asked earlier in the thread about case law and I wasn't able to find anything, so if you know of actual court cases that clarify the position then please enlighten us!

That's what I pay a solicitor for. I don't have time to spend hours searching. If you are really that bothered, then maybe you should do the same.

Orrin

Tim_Deegan wrote: »

That's what I pay a solicitor for. I don't have time to spend hours searching. If you are really that bothered, then maybe you should do the same.

I just hope it wasn't the same solicitor who wrote the terms and conditions for your website.

allstar4eva

Orrin wrote: »

I just hope it wasn't the same solicitor who wrote the terms and conditions for your website.

LOL:rotfl: