Mattress Return Distance Selling Regulations

Optimist

Tim_Deegan wrote: »

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.

Sorry but that is complete rubbish.

The whole point of the DSRs are to give the purchaser the right to inspect the goods in exactly the same way as they would be able to in a shop.

neilmcl

Tim_Deegan wrote: »

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.

Tim, if you want to have any credibility you really need to stop posting this sort of tosh. I agree there are two sides to every story, and in particular this one but you really need to stick to facts regarding the DSRs.

Tim_Deegan

Optimist wrote: »

Sorry but that is complete rubbish.

The whole point of the DSRs are to give the purchaser the right to inspect the goods in exactly the same way as they would be able to in a shop.

And their are exceptions for items that would not normally be returnable. These include ear rings, underwear, swimwear, mattresses etc.

allstar4eva

Tim_Deegan wrote: »

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.

I would love to know the "other side of the story" as I think it has been encapsulated perfectly above. I did not want to sleep on the mattress for seven nights which means according to Tim that I failed to comply with his Ts and Cs and DSRs. I disagreed and felt I was complying with both.

I have no doubt that for people who want to try out a mattress for 7 nights this may be a wonderful service but you can't force people that to do this if they don't want to - especially when the mattress in question was recommended by you.

Tim please tell us the "other side of the story"?

P.S. I believe that mattresses can be an exception under DSR but you would need to state clearly in your Ts and Cs that the customer must not remove the plastic. In this case you did not.

fthl

I'm not sure you are right Tim, although I'm happy to be corrected. Could you cite the relevant paragraph of the regs? 'cannot be returned' does not mean the same as 'cannot be resold'.

As far as I am aware the regs cover everything unless excluded:

the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

for the supply of newspapers, periodicals or magazines; or

for gaming, betting or lottery services.

and contracts for

for the sale or other disposition of an interest in land except for a rental agreement;

for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;

relating to financial services, a non-exhaustive list of which is contained in Schedule 2;

concluded by means of an automated vending machine or automated commercial premises;

concluded with a telecommunications operator through the use of a public pay-phone;

concluded at an auction.

Tim_Deegan

fthl wrote: »

I'm not sure you are right Tim, although I'm happy to be corrected. Could you cite the relevant paragraph of the regs? 'cannot be returned' does not mean the same as 'cannot be resold'.

As far as I am aware the regs cover everything unless excluded:

the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

for the supply of newspapers, periodicals or magazines; or

for gaming, betting or lottery services.

and contracts for

for the sale or other disposition of an interest in land except for a rental agreement;

for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;

relating to financial services, a non-exhaustive list of which is contained in Schedule 2;

concluded by means of an automated vending machine or automated commercial premises;

concluded with a telecommunications operator through the use of a public pay-phone;

concluded at an auction.

Believe me I'm in the trade, and I do know how the DSR's apply to the bed industry. You only have to look at most on line bed retailers (including the big ones), and they say that once a mattress has been unpacked then it can't be returned.

The way this is described in DSR's doesn't come across very clear, but there have been enough test cases on this matter.

allstar4eva

I have emailed Tim to request a refund of the £30 collection charge. I am willing to put this down to a misunderstanding and not blatant disrespect for consumer law. We all make mistakes.

allstar4eva

Tim_Deegan wrote: »

Believe me I'm in the trade, and I do know how the DSR's apply to the bed industry. You only have to look at most on line bed retailers (including the big ones), and they say that once a mattress has been unpacked then it can't be returned.

The way this is described in DSR's doesn't come across very clear, but there have been enough test cases on this matter.

I have said many times that I believe mattresses can be excluded but only if you specifically mention it in your T's and C's which is why the big retailers mention it in their T's and C's. Your site does not have any T's and C's relating explicitly to DSRs you just state you are compliant.

*Chattie*

Tim_Deegan wrote: »

Believe me I'm in the trade, and I do know how the DSR's apply to the bed industry. You only have to look at most on line bed retailers (including the big ones), and they say that once a mattress has been unpacked then it can't be returned.

The way this is described in DSR's doesn't come across very clear, but there have been enough test cases on this matter.

just wondered what a proper satisfaction guarantee means to online bed sellers like yourself?

http://forums.moneysavingexpert.com/showpost.php?p=39242772&postcount=30

bookworm1363

Tim_Deegan wrote: »

And their are exceptions for items that would not normally be returnable. These include ear rings, underwear, swimwear, mattresses etc.

Wrong. wrong, wrong and wrong. All these items are in fact returnable under DSR, even though retailers do not like it known; that is in fact one of those cases where the retailer try to circumvent the law by saying it's in their T&Cs, but as I previously stated, policy can not supersede law.

There are a few exceptions to the DSR and they are specificallywritten in the Act, namely:

- goods made to the your specification (custom-made)
- perishable goods (flowers, fresh food)
- CDs, DVDs, and tapes for software, audio or video if they are unsealed (have no packaging)
- newspapers and magazines
- betting, gaming and lotteries.

Tim, I don't know you, never seen posts of yours before, but I am telling you now you're on a kicking to nothing with this kind of posts, because that's asking for a visit from TS and if (when!) they catch up with you, you'll realise that you are making expensive mistakes by not knowing the law and/or trying to hoodwink people. I want to believe that you are acting in error instead of on purpose, but if that's the case, you really need to learn and learn fast.