Distance selling regs. re mattresses

anotherbob

I bought a mattress online. After one night it was clear it was too firm for me. The seller will not accept return because it has been removed from packaging and slept on. They say "health and safety" reasons.
I understand their position but are they within their rights?

wealdroam

Probably not.

Have a read of the OFT's guide to the DSRs.
You decide.

Bear in mind that the DSRs are there to allow the consumer to examine the goods as they would in a shop.
Would sleeping overnight on a mattress count?
Again, you decide.

This question crops up frequently with mattresses.
Try using the forum's search facility for many lengthy debates.

squeaky

Hi

Your homework... mattress threads here on Consumer Rights

arcon5

Returning a now used mattress, eugh that's gross.

Surely you can examine a matress and its firmness without removing the packaging, let alone sleeping on it

heretolearn_2

DSR is not a free trial period. It's to look at the goods as you would be able to in a shop.

Unwrapping a mattress and sleeping on it overnight would seem to go quite far beyond that to me. In a shop you lay on it for a little while, with your clothes on.

Hintza

Any new mattress will feel strange. Have you give it enough time?

Pinkypants

I doubt you'll be able to return it due to hygiene. As someone has already said the DSR's are there so you can examine a product it's not a trail period.

A new mattress can take 4-6 weeks for your body to get "used" to it especially if your coming from an old un-supportive mattress.

What base is the new mattress on? Could you get a new sprung divan base or a frame with sprung slats to help soften the feel of the mattress?

mattyprice4004

Why couldn't you have tested it without unwrapping it?

I think you're stuffed now.

happyinflorida

Is the mattress you've received the one you ordered? ie you've ordered an orthopedic one and you've received a memory foam? Check that first.
Secondly check all the wording on the advert - have you got what is stated in the advert?
If the answer's no to either of these, you've got a chance to return for a refund as you've been supplied with the wrong goods, ie not what you ordered.
If it's just a case of you've got exactly what you ordered and you don't like it after sleeping on it, I'd say you've got no chance of a refund at all but I would say you need to give it longer.
I bought a Tempur pillow (very expensive!) and had the worst nights sleep ever the first night! As it was so expensive though, after 2 days I gave it another go and slept brilliantly - so it could just be a case of getting used to it. Try it again and if after a couple of nights you're still finding it too firm then put something on top of it to make it softer - you can get some padded mattress covers and that may stop the problem for you.

ThumbRemote

anotherbob wrote: »

I bought a mattress online. After one night it was clear it was too firm for me. The seller will not accept return because it has been removed from packaging and slept on. They say "health and safety" reasons.
I understand their position but are they within their rights?

Much of the advice above is simply wrong.

You are entirely within your rights to return the mattress under the DSRs, for a full refund including delivery cost. The law makes no provision for 'hygiene' as a way to avoid the DSRs. You may have to pay return postage if the retailers T&Cs state this.

The retailer may then have a claim against you for any drop in value of the goods, caused by you doing more than inspecting them. ie if they have to knock 10% off the cost of that mattress to re-sell it, they can pursue you for the 10%.

wealdroam

ThumbRemote wrote: »

Much of the advice above is simply wrong.

You are entirely within your rights to return the mattress under the DSRs, for a full refund including delivery cost. The law makes no provision for 'hygiene' as a way to avoid the DSRs. You may have to pay return postage if the retailers T&Cs state this.

The retailer may then have a claim against you for any drop in value of the goods, caused by you doing more than inspecting them. ie if they have to knock 10% off the cost of that mattress to re-sell it, they can pursue you for the 10%.

Actually TR, there is not much advice offered in any of the above posts.

Most comments seem to be along the lines that the OP has perhaps overstepped the line of reasonableness, but offer no advice on what to do now.

With respect, your post also appears to offer little advice too.
It does state the law, but have you ever had a retailer accept that position?
I.e. the retailer giving a full refund, then claiming damages for the consumer not looking after the goods properly?