Tempur Mattress

pborojon

Hi All,

I ordered one of the above mattresses at the end of march with an initial delivery time of 3-4 weeks it came yesterday. I slept on it last night and it was quite possibly the worst night of my life. I woke this morning with chronic neck and back pain. I bought it from the traders premises so I don't think I have any statutory rights but their website states they have 7 day cancellation policy and this does not distinguish between internet and shop purchases. I'm guessing that there isn't much I can do? I also ordered a divan from them which still hasn't been delivered due to them getting the order wrong. I don't suppose this makes a difference?

Thanks in advance

Jon

neilmcl

The 7 days cancellation policy probably just refers to the Distance Selling Regs, which wont apply in this case as you bought direct from the retailer's shop. The retailer doesn't have to accept a return unless the product is faulty or in some other way not fit for purpose, in which case you have no rights to return the mattress.

However, you may be able to cancel the whole order if your Divan fails to turn up within a reasonable time.

pborojon

What is the definition of reasonable time? Is it reasonable to expect the divan to turn up at the same time as the mattress when it was ordered together? Is this based on appealing to the retailers better nature?

Cheers

neilmcl

I don't think you have much of case with the Divan not turning up initially, mistakes happen and you've already accepted that they'll continue with the order. How long have you to wait for the Divan now?

nzmegs

Give it a few nights - you might find all it takes is a little getting used to it. these mattresses are supposed to be very good. If no luck try to sell it through your local paper or online

pborojon

nzmegs wrote: »

Give it a few nights - you might find all it takes is a little getting used to it. these mattresses are supposed to be very good. If no luck try to sell it through your local paper or online

Yeah I think you're right, I feel like i've been hit by a bus this morning and am dreading it tonight but hopefully as you say it will grow on me!

Tim_Deegan

neilmcl wrote: »

The 7 days cancellation policy probably just refers to the Distance Selling Regs, which wont apply in this case as you bought direct from the retailer's shop. The retailer doesn't have to accept a return unless the product is faulty or in some other way not fit for purpose, in which case you have no rights to return the mattress.

However, you may be able to cancel the whole order if your Divan fails to turn up within a reasonable time.

As far as DSR's go, once you have unpacked and used a mattress they aren't covered due to hygiene reasons. So once you have used it, then it wouldn't make any difference if you bought it from the shop, or bought it mail order.

This is why you should make sure that you buy mattresses from a seller who gives a proper satisfaction guarantee that allows you to unpack and sleep on the mattress.

I did hear that Tempur give a 1 month satisfaction guarantee, but I'm not sure if you have to buy direct from them to qualify.