Possibly Sold Ex-Display Mattress

RealGem

I paid full price for an orthopaedic mattress from a local shop, and the owner promised me a new sealed one.

When he delivered it, the bag was selotaped together, the thread had come unpicked form all around the edge, and there was a scuff mark on the mattress.

For these reasons I believe I was fobbed off with an ex-display mattress.

I rang him and he shouted down the phone at me, saying it's not an ex-display and he can't take the mattress back under any circumstances, as he's not allowed to.

Yet, earlier he had said he would have to see the mattress for himself if the thread is unpicked. What would be the point of doing that if he is not going to take it back?

Does anyone know where I stand legally. The mattress is in the exact condition he delivered it to me, and not been used. This man is a nasty piece of work, and I just want a full refund and for him to take it back.

Can I do that?

thanks

Tim_Deegan

If the mattress is faulty and has scuff marks, then it is faulty, and not in a saleable condition, and you are entitled to a replacement or refund. The fact that you think it is an ex display mattress is difficult to prove unless it looks worn.

Call trading standards and tell them the situation, and they will give advice on letters to send.

RealGem

Thanks Tim,

That's the thing that concerns me - how to prove it.

It's not obvious as it does look brand new at first glance, but I'll still try getting a template letter. You never know.

Tim_Deegan

Don't worry about the ex display part, just concentrate on this:

"If the mattress is faulty and has scuff marks, then it is faulty, and not in a saleable condition, and you are entitled to a replacement or refund"