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Distance selling regs. re mattresses

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  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A few items are exempt from the DSR's IF the hygiene seal is broken, this can include, make up, underwear and swimming costumes. I think the same would apply to ear rings as well.
    Helping the country to sleep better....ZZZzzzzzzz
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Pinkypants wrote: »
    A few items are exempt from the DSR's IF the hygiene seal is broken, this can include, make up, underwear and swimming costumes. I think the same would apply to ear rings as well.
    Pinkypants, as ThumbRemote says above, there is nothing exempt from DSRs for hygiene reasons... not even make up, underwear or swimming costumes.

    The OFT's guide to DSRs says this about hygiene...
    I sell items that may raise health and safety concerns if returned unsealed. How are such products treated under the DSRs?
    3.41 The first question to consider is whether such items fall under the exceptions listed at paragraph 3.38, for example goods that by reason of their nature cannot be returned. The DSRs do not define this category any further but we consider this exception to apply only where returning the goods is a physical impossibility or where they cannot be restored in the same physical state as they were supplied. This exception may apply, for example, to items such as latex or nylon clothing which could become distorted once worn.
    3.42 We are conscious of concerns about reselling items which may raise concerns about hygiene. However, the DSRs do not link cancellation rights with a supplier’s ability to resell items as new.
    3.43 With items that fall outside the exceptions, cancellation rights will apply, but the consumer has a duty under the DSRs to take reasonable care of the goods throughout the cancellation period.
    3.44 What constitutes reasonable care depends on a number of things. It may be reasonable for the supplier to stipulate what they consider to be reasonable care, such as not removing hygiene seals on garments or only trying out shoes indoors. But these stipulations cannot restrict a consumer’s reasonable opportunity to inspect and assess the product. Consumers have the right to cancel even if they fail to take reasonable care of the goods; however the DSRs do give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.
  • can you imagine if the company did accept it as a return? they are obv not going be out of pocket and would have no other option than to resell it. selling it as second hand would dramatically cut the price, probably even less than cost. would anyone fancy buying a mattress that someone else had slept on? (clothed or not!)

    (I work in a furniture shop that sells mattresses and really can't understand how anyone can buy a bed without lying on it! I always recommend to customers who ring to get prices, call into the showroom to see them, and even when they do i make sure they lie on it a few times before making a decision)
  • Pinkypants
    Pinkypants Posts: 1,337 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    wealdroam wrote: »
    Pinkypants, as ThumbRemote says above, there is nothing exempt from DSRs for hygiene reasons... not even make up, underwear or swimming costumes.

    The OFT's guide to DSRs says this about hygiene...

    Forgive me I was wrong on the DSR regarding mattresses and it seems most products. I thank you for correcting me.

    However, whats legally correct and what actually happens are all too often, complete different things.
    Helping the country to sleep better....ZZZzzzzzzz
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Ikea have a pretty decent returns policy on mattresses. You have up to 90 days in which to exchange it if you do not like it
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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