What are my rights? Help please.

Tim_Deegan

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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Unfortunately with most on line sellers they regard unpacking a mattress the same as removing hygiene seal of garments.

Some sellers do give satisfaction guarantees that allow the mattress to be used for a few nights. This is the only way to make sure that it is the right mattress. Trying them out in a shop can only give a very rough idea.

Tim_Deegan

cleo1299 wrote: »

No I agree but the document also says this:



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.

In most of these cases the seller does win.

cleo1299

Tim_Deegan wrote: »

Some sellers do give satisfaction guarantees that allow the mattress to be used for a few nights. This is the only way to make sure that it is the right mattress. Trying them out in a shop can only give a very rough idea.

Too true. I'm sleeping on a mattress that's like a brick. I tried it in the shop and it seemed fine but once it was mine I realized I'd made an expensive mistake.

reehsetin

only way may be to get a bunch of independant experts to say the description is incorrect I doubt you would get this though if it was a difference of hard and soft you might have a chance but I doubt it, and it would be very difficult to prove that hygiene is not an issue i.e. you hadn't done anything to spoil the matress - the only way to prove your opinion of these things would be very costly so probably not worth it

Tim_Deegan

What is the make and model of the mattress?

Also what gauge are the springs?

Pollycat

OP
I'm not sure if you've answered this already - but is the mattress the same make as your old one?

If not, that could account for the difference in firmness.