Mattress Return Distance Selling Regulations

allstar4eva

Still no takers for the actual email trail from those who claim some of the story is missing.

The fact is I could have rejected the mattress for any reason. The terms and conditions were not even printed on the receipt! They only seem to exist on the website.

The company did not want to abide by their own T's and C's or the DSRs as I understand them.

I am being unreasonable for wanting a refund? I am being unreasonable for refusing to sleep on an unsuitable mattress thus losing my rights under DSRs?

To those criticising me - what would you have done differently?

P.S. There is part of the story that was missed...

I found this soon after I began to experience problems which is why I was initially reluctant to return the mattress before I received a refund...

https://groups.google.com/group/uk.legal.moderated/browse_thread/thread/4a35e98ae1c6f662/dd532dada5ff67fc?hl=en&utoken=QnD0AzUAAAC_dnbTQcRd6BkKaKkctGtVJkFnipq4DRhic2g9vFJySh8CtCz5FeLDpw8rmFWte-TdUT7_UvSwxhTJE0Y8AIGR&pli=1

allstar4eva

Ahh. Someone has accepted the offer - I will PM you later.

Actually the reason I am prepared to accept I may have some blame is because the retailer seems to have plenty of good feed back. I actually mentioned that perhaps I have some blame attached to me way before I ever offered to supply the email trail.

I also accept that nobody is perfect not even me!

fthl

The fact is I could have rejected the mattress for any reason. The terms and conditions were not even printed on the receipt! They only seem to exist on the website.

Which does not give a right to return.

The company did not want to abide by their own T's and C's or the DSRs as I understand them.

Debatable - I think the company wanted to abide by both, it is just its ts and c's need work to make this clear.

I am being unreasonable for wanting a refund?

It is unclear how you knew it was no good when you had not tried it. It could be considered that you were being unreasonable in claiming you didn't like it in these circumstances, like a child claiming he doesn't like bananas when he has never eaten one.

I am being unreasonable for refusing to sleep on an unsuitable mattress thus losing my rights under DSRs?

Again - why was it unsuitable? See above comments. Why would you lose your rights to a refund under the dsrs for sleeping on it?

To those criticising me - what would you have done differently?

Yes. I'd have paid for the return straight off as the consumer, as the retailer I'd have arranged a collection pdq.

sunshinetours

allstar4eva wrote: »

Still no takers for the actual email trail from those who claim some of the story is missing.

The fact is I could have rejected the mattress for any reason. The terms and conditions were not even printed on the receipt! They only seem to exist on the website.

The company did not want to abide by their own T's and C's or the DSRs as I understand them.

I am being unreasonable for wanting a refund? I am being unreasonable for refusing to sleep on an unsuitable mattress thus losing my rights under DSRs?

To those criticising me - what would you have done differently?

P.S. There is part of the story that was missed...

I found this soon after I began to experience problems which is why I was initially reluctant to return the mattress before I received a refund...

https://groups.google.com/group/uk.legal.moderated/browse_thread/thread/4a35e98ae1c6f662/dd532dada5ff67fc?hl=en&utoken=QnD0AzUAAAC_dnbTQcRd6BkKaKkctGtVJkFnipq4DRhic2g9vFJySh8CtCz5FeLDpw8rmFWte-TdUT7_UvSwxhTJE0Y8AIGR&pli=1

I would have tried the mattress as I pointed out many many posts ago, otherwise I cannot see the point of ordering said mattress in the first place??

allstar4eva

I spent several weeks looking at mattresses in various shops. On this one the memory foam was so soft it did not seem to be memory foam. The whole point of memory foam is that it moulds to your bosy shape - initially it is firm but soon moulds to the shape of your body with body heat. This one didn't - it simply collapsed when touched. I tried many other firmer mattresses in stores - even pocket sprung ones yet this mattress was not firm in my opinion.

So what would I achieve by trying it?

If you ordered a new dual core pentium PC but you actually received a PC with a Celeron processor would you try it to see if you liked it?

If you ordered a black car but a green car was delivered would you drive it around for a few days to see if you liked it?

I didn't want a soft mattress.

allstar4eva

“If they have a GOOD returns policy, then they shouldn't charge you for returning it.”

“There is nothing wrong with buying without trying, as long as you have a rough idea about what you want. Trying a bed out for 10 mins in a shop, fully clothed can only give you a very rough idea. And doesn't tell you what the mattress would be like to sleep on. So you would be better off buying from a seller who has a very good returns policy that allows you to unpack and sleep on the mattress. Then ask them advice as it would be in their interest to make sure that you make the right choice the first time.”

“If I were you I would stay away from big brand names and big chain stores if you want good quality at a low price, and shop on line from a seller who gives a proper satisfaction guarantee that allows you to actually unpack and sleep on the mattress. This way it is in their interest to make sure that you make the right choice the first time.”


“This is why it is best to find a retailer who gives a proper satisfaction guarantee, that allows you to unpack and sleep on the mattress.”

“Or buy from a seller who doesn't have rediculous terms and conditions, and use one who does have a good returns policy.”

“I used to have a Vi-Spring bed myself, and to be honest I didn't find it anything special. They are very over priced and over rated. You could actually get an equivalent quality two sided mattress (the Tamar is non turn and so won't last as long), for about a third of the price that John Lewis charge.”

“It's quite simple....speak to the retailer. If they have a proper satisfaction guarantee then they will use all their knowledge and experience, combined with the information they get from you, to find you a mattress that you shouldn't have to send back. Because if they get it wrong then it costs them money.”

“If you go to a high street retailer, and just try the mattress out for 10 minutes, do you really think that you can tell if it is going to be comfortable to sleep on long term? Comfort isn't just about a nice soft feel, it is about how the mattress supports you, so that you don't develop aches and pains due to an unsupportive mattress. This is why pillow top mattresses are the worst gimmick of all.”

allstar4eva

Tim does not advertise his site here but just google the following based on advice he gives:

"Tim Deegan"

"two sided pocket sprung memory foam mattress"

"mattress satisfaction guarantee"

Tim_Deegan

allstar4eva wrote: »

“If they have a GOOD returns policy, then they shouldn't charge you for returning it.”

But if you want that service then you also have to comply with their terms and conditions, as the seller is not obliged to pay for the return of the goods unless the item is faulty.

wealdroam

Allstar4eva, can you please stop repetitively posting drivel.

This is now getting boring.

I'll now stop watching "The Allstar4eva, aren't I good" show.

:beer:

allstar4eva

You mean I had to sleep on the mattress for seven nights? Then why not state that in your Ts and Cs?

I offered you the opportunity to help at the start and at the end. I just did not want to sleep on a mattress which was clearly not suited to me or my wife. You advised me to get that particular one and I didn't like it at all.

It wasn't complicated you could have collected it and refunded me minus collection in the first place.

Under DSRs as a seller you have to state if you do not want products to be opened and you have to state if you want the customer to return the goods and you did neither of these things.

Perhaps you could update your site to say that if a seller wants to return goods unders DSRs they must arrange return of the goods themselves and they should not remove the plastic?