New Mattress - fit for purpose?

consyouma

Hi,
First post - straight to it!
Brand new memory foam+pocket spring mattress (expensive)

One night on it - woke at 3am on a cold winter night, far too hot to sleep. I felt sick and was sweating.

1. Can I reject this as not fit for purpose (i.e. to sleep on)

2. I negotiated a discount - in an ideal world I'd rather agree a "comfort exchange" (as promised in store) - however, the high street store sales person told me I would lose my discount thus only allowed a replacement at £1,300.. is this legal? Surely "same value" means the typical cost?

I look forward to the experts' views! Cheers

neilmcl

Just because you don't get on with the mattress doesn't mean its not fit for purpose. Memory foam isn't for everyone, some swear by it, others (myself included) don't like it. This isn't a good enough reason to entitle you to a refund or replacement.

Tim_Deegan

With most sellers you can't reject it because you have opened it and slept on it. This is why you should buy from a seller with a proper satisfaction guarantee that lets you open it and sleep on it.

I presume from the 'comfort guarantee' that you bought from Dreams:eek::eek::eek: ? If so I'm afraid you have been a victim of their dodgy sales tactics. The true value of the mattress is probably far less than you paid, and not the RRP as advertised.

Memory foam does take a while to get used to. So buy a climate control mattress protector (like Outlast), and a thinner quilt, and just try and get used to it.

solodanceparty

Are you sure it was the mattress? Sometimes I wake up far too hot on a cold winter's night because my heating is something daft like 24 degrees. Have you bought a sheet to put on the mattress? Is your duvet too thick? Maybe you're ill.

It is fit for purpose, you can sleep on it.

ferf1223

memory foam in general is known to be very warm to sleep on as compared to traditional mattresses...any check of any reviews of any memory foam mattresses would have brought that potential issue to light before the purchase I would have thought...most of the poor reviews you'll see are directly related to people finding them way too hot.

It's the reason we'll never consider a memory foam mattress, no matter how comfortable they are otherwise - being too hot is not an option for us.

Tim_Deegan

ferf1223 wrote: »

memory foam in general is known to be very warm to sleep on as compared to traditional mattresses...any check of any reviews of any memory foam mattresses would have brought that potential issue to light before the purchase I would have thought...most of the poor reviews you'll see are directly related to people finding them way too hot.

It's the reason we'll never consider a memory foam mattress, no matter how comfortable they are otherwise - being too hot is not an option for us.

It depends mainly on how they are constructed:

Most memory foam mattresses are a layer of memory foam on top of reflex foam. This will prevent air circulating under the memory foam to dissipate the heat.

Also some mattresses have a layer of memory foam that is too deep, which will cause you to sink deeper into it, which can make you too warm. The optimum depth is 2".

You can get memory foam mattresses with climate control fabrics like Coolmax or Outlast.

Even with all the above taken into account, memory foam can be slightly warmer, but if you want to be cooler, then you should be looking at latex foam (again 2" deep over the full sleeping surface).

yummymummy79

Just to throw in that 'fit for purpose' isn't actually the proper phrase you would want to be using if thinking of going back to the shop under the Sale of Goods Act. You should be saying it's not 'satisfactory quality' of which fitness for general purpose is a factor (along with a few other things). There is also 'fit for purpose made known' if you pointed out a specific quality/feature you wanted it to have, bought it because salesperson said it would have that feature but it didn't.

Just a little bugbear of mine that people have picked up this phrase and are throwing it about whilst not fully understanding it.

As far as this issue goes, if you just don't like it or get on with it then IMO you'd struggle to use SOGA against the shop as it is satisfactory quality in itself.

Tim_Deegan

yummymummy79 wrote: »

Just to throw in that 'fit for purpose' isn't actually the proper phrase you would want to be using if thinking of going back to the shop under the Sale of Goods Act. You should be saying it's not 'satisfactory quality' of which fitness for general purpose is a factor (along with a few other things). There is also 'fit for purpose made known' if you pointed out a specific quality/feature you wanted it to have, bought it because salesperson said it would have that feature but it didn't.

Just a little bugbear of mine that people have picked up this phrase and are throwing it about whilst not fully understanding it.

As far as this issue goes, if you just don't like it or get on with it then IMO you'd struggle to use SOGA against the shop as it is satisfactory quality in itself.

Unfortunately they won't have a leg to stand on under SOGA. As I said previously, it is an expensive lesson learned, that don't be fooled by the power of advertising. And stay away from the big retailers, but instead buy on line from someone who gives a proper satisfaction guarantee.

yummymummy79

Yeah that's what my last paragraph was basically saying, a slightly better way of saying tough luck if you just don't like it!

consyouma

Thanks for the help everyone.
Got some great advice from Consumer Direct!

It isn't tough!! They promised a "Comfort Guarantee" and then didn't fulfill that promise - so they have mis-sold and now I have a case of "Unfair Trading". There may be criminal implications.
That is why they offered to waive the additional fees today.
But I have already set the wheels in motion, so now I will follow through to make sure others aren't mislead in the same way!
Happy days

neilmcl

That's not what you said in your first post. You basically stated that you got a discount in lieu of the comfort guarantee?