Returning a mattress by courier/DSRs

Scarlett

I've bought a mattress online, but it's the wrong size (my mistake, not theirs) and I want to return it. I've called the company, and it's states in their T&Cs that the customer is responsible for paying for the return of the goods, and also, they will not refund my money until they receive the mattress back in their warehouse.

I've been trying to get quotes for a courier to return it, but no-one is bidding via Shiply or another courier quote sites that I've registered my details on

So my questions are:

- do they have to refund my money now, or can they wait til they get the mattress back?
- how can I arrange for a courier, when no-one seems to want to deal with such a large item?!!

Any help gratefully received, as I only have until tomorrow, under the 7 days cooling off period!

Thanks!

Tim_Deegan

Scarlett wrote: »

I've bought a mattress online, but it's the wrong size (my mistake, not theirs) and I want to return it. I've called the company, and it's states in their T&Cs that the customer is responsible for paying for the return of the goods, and also, they will not refund my money until they receive the mattress back in their warehouse.

I've been trying to get quotes for a courier to return it, but no-one is bidding via Shiply or another courier quote sites that I've registered my details on

So my questions are:

- do they have to refund my money now, or can they wait til they get the mattress back?
- how can I arrange for a courier, when no-one seems to want to deal with such a large item?!!

Any help gratefully received, as I only have until tomorrow, under the 7 days cooling off period!

Thanks!

As long as you have proof of posting, then they should issue a refund. However they have 30 days to refund you.

Does the seller use their own transport? If so then you could ask them to collect it using their own transport, at the same time as delivering the correct size. Most reasonable retailers would do this.

If they use a courier, then it will still probably be cheaper to arrange for their courier to collect at the same time as they deliver the replacement.

As long as you have informed them by either e-mail or letter within the 7 days, then you have complied with DSR's, as long as it is returned within 30 days.

Scarlett

Unfortunately, they said that their delivery company only do deliveries, not collections, and they won't do a straight swap!

neilmcl

Tim_Deegan wrote: »

As long as you have informed them by either e-mail or letter within the 7 days, then you have complied with DSR's, as long as it is returned within 30 days.

Sorry Tim but this is wrong. As long as the OP has informed them that they are cancelling, by durable means, within the 7 days then they have complied with DSRs. There is no time-limit on when they have to return the mattress nor should the refund be dependant on it being returned.

Tim_Deegan

Scarlett wrote: »

Unfortunately, they said that their delivery company only do deliveries, not collections, and they won't do a straight swap!

That is very unlikely. Otherwise what would they do about returning faulty items?

Who is the retailer?

Scarlett

Classic Bedsteads/MattressNextDay

I thought that was a bit strange, but that's what they said.

I am having real trouble finding someone to return it!

Scarlett

neilmcl wrote: »

Sorry Tim but this is wrong. As long as the OP has informed them that they are cancelling, by durable means, within the 7 days then they have complied with DSRs. There is no time-limit on when they have to return the mattress nor should the refund be dependant on it being returned.

I just made sure that I *emailed* them to say I was cancelling, as previously I had just called them. Thanks for that.

Tim_Deegan

neilmcl wrote: »

Sorry Tim but this is wrong. As long as the OP has informed them that they are cancelling, by durable means, within the 7 days then they have complied with DSRs. There is no time-limit on when they have to return the mattress nor should the refund be dependant on it being returned.

The refund is dependent on either the item being returned, or proof of postage. The retailer doesn't have to actually have received the mattress, but the would be required to have sent the item. Otherwise people would have to be refunded, but wouldn't have to return the goods.

The DSR guides on the web are only rough guide lines. No judge would expect a retailer to give a refund if they weren't confident that they would receive the goods back. What you have quoted is from the rough guide.

Tim_Deegan

Scarlett wrote: »

Classic Bedsteads/MattressNextDay

I thought that was a bit strange, but that's what they said.

I am having real trouble finding someone to return it!

It says on their terms and conditions:

3.3. Goods, other than faulty goods may not be returned after 7 days unless we agree that there is good reason for us to receive such goods back. If we agree to accept these goods back into stock they are subject to a £69 delivery cost fee. Incorrectly ordered goods or non-delivery (customer out) items are also subject to a £69 delivery cost fee. We regret that we cannot accept returns of the following: Divan bases, pillows, mattresses and products that have been made to a bespoke size or personalised. The above products will be exempt from the statutory 7 day cooling off period where the products have been unsealed, and your right to cancel will have ended for reasons of health and hygiene as the product will be deemed to have been used. We recommend that you make full use of our sales team for advice prior to purchase. We adhere to the Customer Protection (Distance Selling) Regulations 2000 No. 2334.

So it appears that they will collect the goods.

Tim_Deegan

Scarlett wrote: »

Classic Bedsteads/MattressNextDay

Oh dear. Other people have also had problems with this company:
https://forums.moneysavingexpert.com/discussion/1859469

https://forums.moneysavingexpert.com/discussion/1861033

Although in this case it appears that they are just making it difficult for you to return the goods. Probably so you won't bother.

Scarlett

Tim_Deegan wrote: »

It says on their terms and conditions:

3.3. Goods, other than faulty goods may not be returned after 7 days unless we agree that there is good reason for us to receive such goods back. If we agree to accept these goods back into stock they are subject to a £69 delivery cost fee. Incorrectly ordered goods or non-delivery (customer out) items are also subject to a £69 delivery cost fee. We regret that we cannot accept returns of the following: Divan bases, pillows, mattresses and products that have been made to a bespoke size or personalised. The above products will be exempt from the statutory 7 day cooling off period where the products have been unsealed, and your right to cancel will have ended for reasons of health and hygiene as the product will be deemed to have been used. We recommend that you make full use of our sales team for advice prior to purchase. We adhere to the Customer Protection (Distance Selling) Regulations 2000 No. 2334.

So it appears that they will collect the goods.

These are the terms from the website I ordered from. The email communication has come from a MattressNextDay address.

http://www.classicbedsteads.co.uk/terms.php



13. The Buyer's right of cancellation 13.1 In accordance with the Regulations the Buyer has the right of cancellation within 7 days except where a Product is tailored to customer requirements and without fault. 13.2 To exercise the Buyer's right of cancellation, the Buyer must give written notice to the Seller by letter or e-mail giving details of the Products ordered and (where appropriate) their delivery. Notification by phone is not sufficient. 13.3 Once the Seller has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Buyer within 30 days for any sum that has been paid or debited from the Buyer's credit card for the Products. 13.4 If the Buyer does not cancel the Contract in accordance with clauses 3.1 and 3.2, the Buyer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Seller. 13.5 If the Seller has delivered the Products to the Buyer but the Buyer wants to cancel the Contract, as prescribed in clauses 13.1 and 13.2, the Buyer must retain possession of the Goods until the cancellation notice has been sent to the Seller within the relevant time limit. The Products can not be used. The Buyer will be responsible for returning the Products to the Supplier at the Buyer's own cost. The Products must be returned to the address in the definitions section. The Buyer must take reasonable care to ensure that the Products are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Buyer.