What are my rights? Help please.

Welshwoofs

I'm afraid I'd have to echo others here, you haven't been missold anything. If it was labelled medium firm and that is what you ordered, then that is what you got.

Unfortunately if you wanted a mattress of exactly the same firmness as your previous mattress you should have bought the same model from the same manufacturer. Different manufacturers will have different levels of firmness and whether a mattress is firm or soft is pretty subjective anyway.

advent1122

I am also amazed at the amount of people who buy a sofa over the internet.
I like to sit on it, jump on it and lay on it before I say "yep, that sofa is for me".

Our matrress is "firm", to me it feels fine - to Mrs Advent it is too soft. Mind you, she is the size of a Ford Escort, so she would sink into a concrete floor.

Tim_Deegan

Fonz wrote: »

I think they're largely right. It is a comfort issue - your medium firm is someone else's soft or firm.

I guess the rule is always try before you buy with items like this.

Or buy from someone who has a satisfaction guarantee.

Tim_Deegan

coxinio wrote: »

Thanks for your comments Fonz however this doesn't offer us any help. Mine and my partner's taste is for a medium firm mattress and as we have tried and owned this type of mattress previously, from experience it is clear that this mattress is not as sold.

With regards, to trying before you buy, this isn't possible ordering over the internet with Tesco Direct so as such we have to put blind faith in the fact that Tesco are supplying what they are listing on their website.

What is the make and model of the mattress?

Tim_Deegan

coxinio wrote: »

Thanks for the further comments. The mattress has been unpackaged and tried but not slept on. The bed is a solid bed frame with a slatted base. The mattress is open coil construction.

Do you know what gauge the springs are?

Whiteknight

I personally think that when buying certain things you really need to try before you buy and not shop from a catalogue or online. I used to work for a company selling furniture and it always astounded me that people would spend ages picking a sofa, spending time sitting on it and seeing how comfortable it was to then come over to the bed department and just look at the price tickets or the colour of the ticking. Sometimes they would press down on the mattress with their hand to test how soft/firm it was - which is crazy when you consider the amount of time you spend in bed!

Anyway you did not do that but bought using a description and you got what you ordered, it is not Tesco's fault that you don't find the mattress as firm as you would like but why should Tesco take the mattress back - what are they going to do with it?

I am sure you would be the first to complain if you got a mattress delivered that appeared to have been used!

makapo

coxinio wrote: »

My partner and I have bought a 'medium-firm' mattress from Tesco Direct on the good faith that it was actually a medium-firm, we got the product delivered to us, unpackaged it and tried it out. The mattress was far from medium firm and more like medium soft at best. As a result of this we contacted Tesco to arrange a return. Tesco, however will not accept the return as it is unpackaged and has been used.

Did you contact them within 7 days of delivery? It's my understanding that under the Distance Selling Regulations you have a period of 7 days when you can cancel the contract. You could check if that's correct by contacting Consumer Direct.

Edit: It seems you may have lost this protection by unwrapping the mattress. Reasons of hygiene. Bad luck.

cleo1299

makapo wrote: »

Did you contact them within 7 days of delivery? It's my understanding that under the Distance Selling Regulations you have a period of 7 days when you can cancel the contract. You could check if that's correct by contacting Consumer Direct.

Edit: It seems you may have lost this protection by unwrapping the mattress. Reasons of hygiene. Bad luck.

But on another thread it was said that under the DSR's the customer can try out the product before returning it.

The OFT has got a guidance document at http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf. It seems that some things are an exception (i.e. no protection under DSR because by their nature they can't be returned). I can't figure out if an unwrapped mattress would count as an exception.

If it's not an exception then it says the consumer has a duty to take reasonable care. Then it says:

What constitutes reasonable care depends on a number of things. It
may be reasonable for the supplier to stipulate what they consider to
be reasonable care, such as not removing hygiene seals on garments
or only trying out shoes indoors. But these stipulations cannot restrict
a consumer’s reasonable opportunity to inspect and assess the
product. Consumers have the right to cancel even if they fail to take
reasonable care of the goods; however the DSRs do give suppliers a
right of action against consumers for breach of the statutory duty to
take reasonable care.

P. 24 in the guidance document.

4743hudsonj

cleo1299 wrote: »

But on another thread it was said that under the DSR's the customer can try out the product before returning it.

The OFT has got a guidance document at http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf. It seems that some things are an exception (i.e. no protection under DSR because by their nature they can't be returned). I can't figure out if an unwrapped mattress would count as an exception.

If it's not an exception then it says the consumer has a duty to take reasonable care. Then it says:



P. 24 in the guidance document.

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yes but i would believe this is exempt on hygiene basis which is perfectly legal.

who is to say the op hasnt slept on it for a night and already thoroughly tested it;)

wouldnt be too nice for the people who have to buy the mattress in the end would it?

cleo1299

4743hudsonj wrote: »

yes but i would believe this is exempt on hygiene basis which is perfectly legal.

who is to say the op hasnt slept on it for a night and already thoroughly tested it;)

wouldnt be too nice for the people who have to buy the mattress in the end would it?

No I agree but the document also says this:

We are conscious of concerns about reselling items which may raise concerns about hygiene. However, the DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

It seems complicated to know what the legal situation actually is. But not too difficult to guess that Tesco Direct would fight it and might well win.