Mattress Return Distance Selling Regulations

derrick

fthl wrote: »

Ok, you are confusing the dsrs and soga. the right to a return if the goods are wrong or faulty comes from the soga, not the dsrs.

They are under DSR as well;-

Page 14 from the link below,
What if I want to supply substitute goods if the ones I agreed to supply are not available?
3.8 You must: explain in the pre-contractual information you provide that this
could happen, and make it clear that you will meet the cost of returning any substitute
goods if the consumer does not want them.

fthl wrote: »

Where is that in the regs? I couldn't spot it on a cursory glance? Are you sure you are not confusing the dsrs with any soga rights?

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
Page 27;-
3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.




.

fthl

yeah, but those rights come from the soga, not the dsrs. the oft guidance is just being holistic.

I don't think that the OP is referring to a substitution, but being delivered the wrong thing (ordered y, trader says delivered y, actually got x in the box).

nomoneytoday

Could this be resolved by both the buyer and seller paying half of the £30 delivery cost each?

fthl

probably...

dmg24

Do we have any update from either party?

allstar4eva

Apologies for my bad manners but personal circumstances have meant I have not been online much recently and I hadn't seen the last post - I eventually got a refund minus cost of collection (£30).

I have never dealt with such an unprofessional company in my life. The only reason I used them at all was due to the money supermarket forums - he is being clever about it but obviously advertising his company here through the advice he gives.

After he offered to collect the goods and despite all the hassle I actually offered him him an olive branch. I offered the opportunity to sell me another mattress but he declined saying words to the effective of: "I don't want to deal with you ever again".

My crime: ordering something online at the company's recommendation and not being happy with it - I didn't want to try sleeping on a mattress that I did not like at all - it did not seem to be a good quality mattress in my opinion. In my dealings with Tim the one thing he didn't do was swear at me but he shouted, put the phone down on me and was generally rude - this isn't the way to treat customers.

I had to put up with a mattress taking up space in my place for weeks due to his attitude. We exchanged over 100 emails back and forth before the thing was sorted - and he still kept hold of collection costs.

Normally I would never order a mattress online I mean how do you return a mattress without huge expense? The only reason I did was because of Tim's posts on this forum. I was duped into thinking he only wanted to help people and was totally fair, so in the unlikely event of a problem he would do all he could to help. Tim owns a company with resources to deliver and collect mattresses yet he wanted me to send it to him at my expense - does this sound like reasonable behaviour or spiteful behaviour? I have learnt my lesson - never again will I order such a product online from a small seller without being able to try first.

I wanted quality and was prepared to pay for it. In our initial conversations when he first refused a refund. I had mentioned that having tried a matress at an expensive largeish retailer that if he had something of comparable quality then I would gladly purchase it. He refused insisting I sleep on an unsuitable mattress first.

Now it may be that I am very fussy about these things as I have already mentioned that many others seem to be happy with his products however there are also some complaints too. I accept that maybe some part of the blame lies with me and although I do not understand what I did wrong maybe another pair of eyes might see differently. For anyone interested I would be happy to forward you the email trial of all 100+ emails!!!

dmg24

Thanks for the update allstar4eva - are you pursuing the delivery charge through small claims, or writing off the situation as a bad experience never to be repeated?

sunshinetours

So you got a full refund for the mattress you chose not to try then basically.....

Seems to me to be pretty good customer service in the circumstances. There are always two sides to every story and you are at the advantage of being able to post your side here as you know. I am also impressed you can decide something is unsuitable and now apparently also of questionable quality without even unwrapping it.

allstar4eva

sunshinetours wrote: »

So you got a full refund for the mattress you chose not to try then basically.....

Seems to me to be pretty good customer service in the circumstances. There are always two sides to every story and you are at the advantage of being able to post your side here as you know. I am also impressed you can decide something is unsuitable and now apparently also of questionable quality without even unwrapping it.

Have you read all of this thread or !!!!!! beds terms and conditions? Have you read posts by Tim Deegan and how he loves to help people? Have you accepted my offer to forward the email trail of 100 + emails so you could see both sides of the story? Are you a friend of Tim Deegan?

I said I did not sleep on the mattress I did not say it was unopened. I opened it set it up and lay on it (yes with plastic on it) and could immediately tell it was not for me (or my wife). He advised me to get this particular mattress based on stated requirements. I did not like it end of story - had I tried it in a shop I would never have ordered it.

What are you suggesting? I should have slept on it then try to return it under his satisfaction guarantee? If I had slept on it I could not then return it under DSRs. Sorry but I trust the DSRs more.

Tim shouted at me on the phone and put the phone down on me because I did not want to sleep on the mattress - is this what you call good customer service?

P.S. The reason I opened it and then lay on it with plastic on was because I was out when it was delivered and my wife took it in. I asked her to open it as I have been told that there is sometimes a smell for a while from new. Had I been home I would probably have rejected it there and then. the fact that I asked her to open it reflected the confidence I had in Tim from reading these boards - he is a guru and recommended it so it must surely be good! Yes my fault I know - too trusting - just goes to show don't believe everything you read on these boards.

dmg24

sunshinetours wrote: »

So you got a full refund for the mattress you chose not to try then basically.....

Seems to me to be pretty good customer service in the circumstances. There are always two sides to every story and you are at the advantage of being able to post your side here as you know. I am also impressed you can decide something is unsuitable and now apparently also of questionable quality without even unwrapping it.

The OP asked for advice about his statutory rights, not his thought process in whether to cancel his order. In this respect, the retailer was in breach of the DSRs. Anyone who thinks they are above the law cannot be described as offering pretty good customer service!