new ebay mattress broken after 7 months..who do i claim from

steveo3002

i bought a silent new night mattress from ebay 7 months ago , its now got a fault which i assume is a busted spring

is it down to the seller or silent night to sort me out ?

if the seller plays alkward is there any ebay claims proceedure i cant use

csnann

If you have been using the mattress for the past seven months, you would need to prove that the problem is a fault with the mattress, rather than caused by you misusing it. You should start by contacting the seller, I'm not sure that ebay would do anything after this amount of time.

Crowqueen

Yes, seller's responsibility lasts 6 months legally, I'm afraid.

But give it a go; it may have a guarantee.

steveo3002

the silenent night site says its covered for one year , then a percentage offered back up to 3 years on a new one

so after 6 months the problem is with silent night?

macfly

Crowqueen wrote: »

Yes, seller's responsibility lasts 6 months legally, I'm afraid.

But give it a go; it may have a guarantee.

Most companies only offer guarantees through authorised resellers. Find out if this is the case with your seller.
The responsibility is not limited to six months in this case. You have the right to expect it to last a reasonable length of time, if no defects were pointed out at time of sale. The trade advice is to change your mattress every three years. Six months is clearly not acceptable if it has been used normally.

Crowqueen

Six months is clearly not acceptable if it has been used normally.

It is the legal limit of the seller's direct responsibility for an item (as long as the seller is a business). After that the buyer is usually responsible for faults arising.

I agree with you, incidentally, about it not really being acceptable, but it may be difficult to take action if the item is not still under any guarantee.

Tim_Deegan

This isn't uncommon with that brand of mattress.

The mattress will have a full guarantee for 12 months. Your first port of call should be the seller, but if they are difficult then contact Silentnight. There is no reason why the seller should be difficult, and they probably come across this quite often with that brand. And it is normal practice for them to sort out the replacement or repair for you.

macfly

Crowqueen wrote: »

Six months is clearly not acceptable if it has been used normally.

It is the legal limit of the seller's direct responsibility for an item (as long as the seller is a business). After that the buyer is usually responsible for faults arising.

Wrong. While it may be difficult to pursue, the vendor can be responsible for defects up to six years, not months. Sony are the most famous case in point. After many problems with the original ps3, the EU pointed out that their one year guarantee was illegal. Goods costing well in excess of a hundred pounds should be expected to last much longer than one year.

Strapped

Crowqueen wrote: »

Six months is clearly not acceptable if it has been used normally.

It is the legal limit of the seller's direct responsibility for an item (as long as the seller is a business). After that the buyer is usually responsible for faults arising.

I agree with you, incidentally, about it not really being acceptable, but it may be difficult to take action if the item is not still under any guarantee.

Wrong. Sale of Goods Act. You really do need to stop giving out incorrect "advice" on here!

Having said that, I doubt the OP will get anywhere with an eBay seller after 7 months so I'd probably lean on Silentnight instead if the item came with manufacturer's guarantee.

zenseeker

I have a Silent Night mattress and I noticed that part of the small print states that the guarantee is only valid if the mattress was used in conjunction with a SN base as well. Not sure if they can legally use that as a loop hole, but it's right there in black and white

Tim_Deegan

zenseeker wrote: »

I have a Silent Night mattress and I noticed that part of the small print states that the guarantee is only valid if the mattress was used in conjunction with a SN base as well. Not sure if they can legally use that as a loop hole, but it's right there in black and white

From what I understand that only applies to the 5 year warranty which is on a sliding scale, and not the full guarantee that lasts for 12 months. If they tried to enforce that during the 12 month full guarantee period they would be breaking the law.