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Mattress: No refund if packaging opened?

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  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 16 February 2011 at 10:26PM
    How firm is firm though? It's one persons opinion. So claiming it's not as described is a tough one.

    Saying that you need to inspect that mattress in case of damage, damp etc. Why inspect a mattress if you had no intention of keeping it? Inspecting it for damage would suggest that you wanted the item.

    There has already been a massive thread on this subject, ALL shops will say the same thing, if you have opened the packaging how can we be sure that it hasn't been used? So therefore it's unhygienic to send back. Just like underwear, eye rings, swimwear etc...
    Helping the country to sleep better....ZZZzzzzzzz
  • Any bed Experts out there I need help!!

    I have seen on the net talk about mattresses being hypoallergenic, Does anyone know what this really means?

    I suffer from asthma and want to know what this is and how it can help sufferers.

    For example could I find a memory foam or latex foam mattress being hypoallergenic, or does this kind of mattress only apply to cetain fabrics???

    Thanks
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Any bed Experts out there I need help!!

    I have seen on the net talk about mattresses being hypoallergenic, Does anyone know what this really means?

    I suffer from asthma and want to know what this is and how it can help sufferers.

    For example could I find a memory foam or latex foam mattress being hypoallergenic, or does this kind of mattress only apply to cetain fabrics???

    Thanks
    Probably best to start your own thread, don't you think?
  • fthl
    fthl Posts: 350 Forumite
    there is debate about mattresses and dsrs. some of us and the OFT think that mattresses can be returned. Some bed companies and those in the furniture industry think that the dsrs exclusion for goods 'that cannot be returned' applies to goods that cannot be returned for hygiene reasons.

    Personally, I think they are just hopeful that this is the case and I doubt that it is. What is certain however is that they will stick to their guns on this to the point of insanity and beyond, so if you want to claim that mattresses are covered by the dsrs you will have a battle on your hands.
  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Until it's in black and white by some authortity, the dsr will always be open to interpertation on mattresses.
    fthl wrote: »
    there is debate about mattresses and dsrs. some of us and the OFT think that mattresses can be returned. Some bed companies and those in the furniture industry think that the dsrs exclusion for goods 'that cannot be returned' applies to goods that cannot be returned for hygiene reasons.

    Personally, I think they are just hopeful that this is the case and I doubt that it is. What is certain however is that they will stick to their guns on this to the point of insanity and beyond, so if you want to claim that mattresses are covered by the dsrs you will have a battle on your hands.


    How is sticking to your guns going beyond insanity? If they are following the letter law I can't see why they should take back opened mattresses.
    Helping the country to sleep better....ZZZzzzzzzz
  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Any bed Experts out there I need help!!

    I have seen on the net talk about mattresses being hypoallergenic, Does anyone know what this really means?

    I suffer from asthma and want to know what this is and how it can help sufferers.

    For example could I find a memory foam or latex foam mattress being hypoallergenic, or does this kind of mattress only apply to cetain fabrics???

    Thanks


    All it means is that the house dust mite can not surive in the memory foam or the latex, usually the surrounding fabrics will be treated with a antidust mite protection as well.

    But don't forget the mite can and does still live in the sheets. If my memory is correct they should be wash at 60c or hotter to kill the little critter.
    Helping the country to sleep better....ZZZzzzzzzz
  • fthl
    fthl Posts: 350 Forumite
    How is sticking to your guns going beyond insanity? If they are following the letter law I can't see why they should take back opened mattresses.

    Because they are going against OFT guidance and very very widely interpreting the dsrs. They are taking 'cannot be returned' as meaning 'cannot be returned and resold as new'. I don't accept the hygiene argument myself, it doesn't apply for shirts, tshirts, bedsheets, shoes. You don't insist on a new mattress every time you stay in a hotel. For all these reasons, I think that they are nuts.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    fthl wrote: »
    Because they are going against OFT guidance and very very widely interpreting the dsrs. They are taking 'cannot be returned' as meaning 'cannot be returned and resold as new'. I don't accept the hygiene argument myself, it doesn't apply for shirts, tshirts, bedsheets, shoes. You don't insist on a new mattress every time you stay in a hotel. For all these reasons, I think that they are nuts.

    Another thing to consider is that while the DSRs exist to protect consumers they are also there to help retailers by ensuring consumers have confidence when purchasing goods at a distance.

    Companies that try and refuse returns like this are shooting themselves in the foot IMO as it can't be in their best interest if consumers are deterred from purchasing online.

    I don't believe that a reasonable reading of the DSR and OFT guidance would lead you to believe that mattresses were exempt for hygiene reasons.

    At best the retailer could have an action against you for not taking reasonable care by sleeping on the mattress, however that's a separate issue to a return under DSR.

    A central principle of DSR is that the consumer should have the same opportunity to examine the goods as they would in a shop. I don't see how a retailer can reasonably object to you unwrapping and laying on a mattress, because that's exactly what you would do in a shop.

    To the OP, if you want to reject under DSR do so in writing within 7 days of receipt and stick to your guns. Be prepared to go to small claims court.
  • norm_
    norm_ Posts: 191 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Orrin wrote: »
    A central principle of DSR is that the consumer should have the same opportunity to examine the goods as they would in a shop. I don't see how a retailer can reasonably object to you unwrapping and laying on a mattress, because that's exactly what you would do in a shop.

    No the shop offers a display model to use. They wouldn't allow a new item to be used for that purpose.

    The reason online retailers insist mattresses can't be returned when opened is because nobody wants to buy a mattress that has been used.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    norm_ wrote: »
    No the shop offers a display model to use. They wouldn't allow a new item to be used for that purpose.

    The reason online retailers insist mattresses can't be returned when opened is because nobody wants to buy a mattress that has been used.
    Did you really have to drag up a 2 year old thread.
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