Mattress Return Distance Selling Regulations

bookworm1363

Sorry, just saw the latest exchange.

Tim, you say there's plenty case law to support your assertions, can you please name a couple?

You are STILL confusing T&Cs and statutory rights, I'll say it once more: a retailer can not use his T&Cs to reduce or deny statutory rights. I don't know how I can make it clearer. It doesn't matter that other companies do it, it doesn't even matter that even the OP seems to be mistaken in that belief, but it is simply not true.

Optimist

Tim_Deegan wrote: »

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

I am aware they there are exceptions, however there is no definite list and you would seriously be pushing credulity to try to include mattresses to that list. That would be something you as a retailer have included off your own back.

Actually there is even a case to be made that the exceptions do not include swimwear or underwear either.

The general view is something which would be physically impossible to return or where the item cannot be returned to the same state as they were supplied.

The consumer regulations are slanted to a great degree to give protection to the consumer they most certainly don't give much protection to retailers.

bookworm1363

Optimist wrote: »

The consumer regulations are slanted to a great degree to give protection to the consumer they most certainly don't give much protection to retailers.

Absolutely, that's why they are called "The Consumer Protection (Distance Selling) Regulations 2000". Does exactly what it says on the tin.

For any retailer who is uncertain of the law, BERR website has some very good texts to help them not falling foul, I would recommend anyone setting up in business bookmark their website.

allstar4eva

I wasn't going to post further but I thought I would inform you all that Tim has told me via PM that he is going to start legal proceedings for libel, slander and blackmail!

I told him to get cracking but I suggested he ask his solicitor to look at his website T's and C's first.

bookworm1363

allstar4eva wrote: »

I wasn't going to post further but I thought I would inform you all that Tim has told me via PM that he is going to start legal proceedings for libel, slander and blackmail!

I told him to get cracking but I suggested he ask his solicitor to look at his website T's and C's first.

Wow, all of that? Crikey, I hope he has sold plenty of mattresses, that ain't going to be cheap for him to instigate!

In my not inconsiderable experience, when a retailer starts that kind of threats, they already know they have completely lost face and resort to what can only classed as bullying.

I take it about as seriously as Mr Big Car the other day driving like a maniac and trying to cut me up at the traffic lights and failing, following me until I parked a bit further up the road and shouting that "if you ever cut me up like that ever again, I will make sure to drive you off the road".

Googlewhacker

Tim_Deegan wrote: »

Trying a bed out in a shop, fully clothed, for just 10 mins, only gives you a very rough idea, and doesn't give you any idea what it is like to sleep on. In order to find out what a bed would be like to sleep on you actually need to sleep on it. This is why I have said on many occasions that it is best to buy from a seller who gives a proper satisfaction guarantee that allows you to unpack and sleep on the bed. Most of these companies do tend to be on line, but call them and ask advice. After all it is in their interest to make sure that you make the right choice the first time.

Quoted the link from Chattie just incase it suddenly disappears

allstar4eva

bookworm1363 wrote: »

Wow, all of that? Crikey, I hope he has sold plenty of mattresses, that ain't going to be cheap for him to instigate!

In my not inconsiderable experience, when a retailer starts that kind of threats, they already know they have completely lost face and resort to what can only classed as bullying.

I take it about as seriously as Mr Big Car the other day driving like a maniac and trying to cut me up at the traffic lights and failing, following me until I parked a bit further up the road and shouting that "if you ever cut me up like that ever again, I will make sure to drive you off the road".

Thanks.

And thanks again for all of your posts on this thread as they have been very helpful.

I'm not taking it seriously as if he had a solicitor his website T's and C's wouldn't be the mess they are:rotfl:. His attitude has encouraged me to report him to Trading Standards which I will be doing when convenient. These threats do indicate his true character and makes me less inclined to believe he is here only to help people:mad:.

What disappoints me is that Tim constantly posts the same advice over and over again on many mattress threads yet few people pull him up on this. Buy from a small seller, buy online, buy from seller who lets you sleep on mattresses and of course one of the best mattresses are a 2 sided pocket sprung memory foam mattress. If you follow all of that advice there is a good chance you will buy from him. I am seriously considering reporting this to MSE also as I feel they should be responsible for policing their forums to prevent this from happening. Tim gives some good advice no doubt about that but I'm sure a good percentage of people find his site only through MSE forums which has to be wrong.

https://forums.moneysavingexpert.com/discussion/2693107=

Rdel

As somone who has purchased a bed from this company I would just like to say I thought they were excellent.

Good, quick comms, great delivery service and saved me over £500 quid over an equivalent bed in a local superstore. I didn't like the bed for the first couple of days as it was so different from what I was used to but didn't consider returning it for an exchange until I had at least given it a chance. Within the 14 days I'm very glad I didn't as it's great and even after following this thread over the last few weeks I don't believe I would have had a problem calling the seller to exchange it fo a different one and pick up the old mattress at the same time as delivering the new one.

The seller has over 1500 (100%) feedback on ebay, has multiple thanks from many people on these forums for good advice given, in actual fact there is an post somewhere on here that shows an OP complaining that the bed he bought from this company that had went soft and saggy after 18 months and was looking for a replacement. He didn't even consider contacting the seller as the mattress was out of it's warrenty but Tim got him to phone in, without mentioning that he ran the company, and got him a replacement. The important point isn't that the bed was faulty, as any product can have a fault, but how the company dealt with it.

The experience I had was quick, professional and the one problem that did pop up was dealt with quickly.

I know this is off topic but a few previous posts have been from people saying that they had been considering buying from this company and had decided against it and I just wanted to add a balanced viewpoint from someone who had actually dealt with them.

Optimist

allstar4eva wrote: »

I wasn't going to post further but I thought I would inform you all that Tim has told me via PM that he is going to start legal proceedings for libel, slander and blackmail!

I told him to get cracking but I suggested he ask his solicitor to look at his website T's and C's first.

Libel, slander and blackmail quite a selection there. I hope he has deep pockets.

For what it is worth there is growing legal opinion that what is stated on chat rooms is more akin to slander than libel.

My advice for him would be to think very hard about it.

ssnewbie

bookworm1363 wrote: »

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.

Not entirely unrelated but as you and a few others on here seem to know what you are talking about maybe you could help me.

My wife ordered 3 mattresses off of ebay, unfortunately one of them is the wrong size (ordered incorrectly not sent incorrectly). Before I had even arrived home she had the plastic off! So I thought there was nothing we could do but reading through this thread can we send it back for a refund? (7 days up tomorrow).