Mattress Return Distance Selling Regulations

allstar4eva

wealdroam wrote: »

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:

No one is forcing you to read this.

fthl

I just did not want to sleep on a mattress which was clearly not suited to me or my wife.

Mattresses can be like good leather shoes, they can take a little time to break in.

allstar4eva

fthl wrote: »

Mattresses can be like good leather shoes, they can take a little time to break in.

I think you are missing the point. Say I tried the mattress out. Day 2 something is spilt on the mattress or it is damaged in some way. Then what? I would have been more inclined to try it out if it was close to what we wanted then if the wosrt happened we could live with it but why take the risk over something far away from what was wanted?

fthl

or, you could have had a fire, or a house flood before it was collected!

I think the view taken by myself, the retailer and a couple of other posters is that it is extremely difficult, if not impossible to know that it was unsuitable because you did not try it out. The fact that you are so adamant about this point gives the impression that the whole thing is odd. I have no idea if shoes are comfortable or not before I try them on. I cannot see how I could possibly judge whether shoes are comfortable or not without trying them on. It is extremely odd.

No emails, by the way.

bookworm1363

This thread reminded me why I stay away so much these days: 1 person asking for advice in their rights, 1/2 dozen to judge, insult and berate the person asking. *sigh*

7 pages of going back and forth and now getting lost into the try, don't try, why, why not... it doesn't matter. DSR, as previously pointed out, are a statutory right. Buyer can reject the goods, untried or tried, unopened or opened within 7 WORKING days starting from the day after delivery so effectively 10 days (although it's always best to do so sooner rather than later), they don't have to give a reason. That's an absolute.

The non-absolute is the cost of collection, but if the T&Cs didn't specify that buyer pays, then retailer has to carry the costs. The "unreasonable" clause has no backing in law, OP was trying to assert his statutory rights, therefore he was reasonable by default so to speak, and retailer had no rights to refuse to collect at his own expense.

OP is also correct that seller had no right to demand the return of the goods before initiating a refund. That part is written in the DSR because too many companies in the past have played fast and loose with it, refusing to refund until the goods were returned, or denying the returns had arrived, and the law is there to protect the buyer from unscrupulous sellers, not the other way round.

To OP, glad you got it sorted. If you're not going to go after the £30, may I suggest you chalk it down to a bad experience and move on, and look on the bright side, you've now had a crash course in consumer law, bargain for £30!!!

allstar4eva

I stated several times that I tried the mattress - I just did not sleep on it for seven nights. When you buy a pair of shoes do you insist on wearing them to work for a week to make sure they are suitable? Do you need to? Can you not tell from trying them on and walking around in them for a couple of minutes? If you return a pair of shoes does the retailer insist you wear them to work for a week before refunding your money?

Thank you to the poster above. I thought I was going mad! It is outrageous that on a consumer site a poster purporting to be a champion of the consumer should show such a blatant disregard for consumer rights in running their own business.

P.S. Tim has threatened me with libel once more. I have once again stated there is no point as I would have to have been lying and even if I were lying which I am not what damage could I possibly have done unless he is using this site to drum up business? Why does he not just list all the good mattress manufacturers? No he doesn't do this but he doesn't hold back in telling you who to avoid and which products are rubbish and overpriced.

P.P.S. I am having PC problems at the moment but will send the mails as soon as I can

gordikin

I'm on allstareva's side here. They decided well within the 7 days the DSR specifies that the mattress was not for them and they wanted a refund...end of story. Allstareva doesn't have to lie on it for 1-7 days. The buyer has legitimately rejected the goods under DSR. Supplier has to refund ASAP and within 30 days. Tim knows that BTW despite all the faffing!

Tim_Deegan

gordikin wrote: »

I'm on allstareva's side here. They decided well within the 7 days the DSR specifies that the mattress was not for them and they wanted a refund...end of story. Allstareva doesn't have to lie on it for 1-7 days. The buyer has legitimately rejected the goods under DSR. Supplier has to refund ASAP and within 30 days. Tim knows that BTW despite all the faffing!

Actually you are wrong. You only know part of the story.

If a mattress is unpacked then it comes under the exceptions under DSR's.

In this case the buyer had a refund (which was a matter of good will, and not DSR's). They didn't want to comply with the terms and conditions of the seller, or with DSR's.

gordikin

Where does it specifically say in the DSR that if a mattress is unpacked that it comes under an exception?

gordikin

Did you want/suggest that your customer unpack and sleep on the mattress?