SOGA knowledgeable people help please!

arcon5

You purchased the goods 2 1/2 months ago.. sorry but I doubt anybody would disagree you will now be deemed to have 'accepted' the goods.

The law also affords you the unconditional right to cancel the contract for the goods within 7 working days of receipt, which has also passed.

Sorry, but I don't think you have a leg to stand on here (well, your friend that is).

James_Lahey

Thanks everyone, I can see a lot of sense in the posts here.

Tbh I haven't seen my friend for a while (due to her back pain) and if I'd have been there I would have warned against buying any sofa bed/futon for regular use (there's a reason they make up such a big % of freecycle offers!)

Likewise I would have encouraged to reject product after first nights attempted sleep. She like many people has little knowledge of DSRs and presumed it was like buying from a shop. I really take issue at the company for confirming on the phone twice that the bed would be suitable after being informed of her condition, once after ebay message and again on confirmation of sale (on the proviso she upgraded at cost to the "deluxe" futon mattress.)

Presumably ebay (and also amazon where they sell) would not look kindly on them phoning customers after enquiry through ebay/amazon messages and asking customers to go via their own website?

edit - my friend informs me that she upgraded from standard - past the deluxe model to the "extra deluxe" version on advice of salepeople

James_Lahey

Bed salesmen are not medically trained to diagnose conditions and suitable orthopedic appliances over the phone. They have no way of knowing if that bed is ideal for that particular person's condition, so can only make a guess.

Can't help but agree with the fact that they cannot diagnose conditions, however I don't think they should guess and the fact that they did(presumably without training) just to make a sale/commission suggests greedy immoral salespeople.

In contact with consumer direct now - no reply from the company as yet.

somethingcorporate

Would a "reasonable" person expect them to be medically qualified or in a position to advise in a medical capacity about the suitability of a bed without examining the patient (customer)?

I don't think the average person would expect them to be able to do this and relying on this is a bit naive.

Looksguywalker

James_Lahey wrote: »

Can't help but agree with the fact that they cannot diagnose conditions, however I don't think they should guess and the fact that they did(presumably without training) just to make a sale/commission suggests greedy immoral salespeople.

In contact with consumer direct now - no reply from the company as yet.

Did they though? I'm sure you trust your friend but do you know for certain what was said?

Who is in contact with consumer direct and the company? Is it you or your friend?

James_Lahey

I am 100% sure that they said the bed was suitable in answer to her ebay message which I have seen fully detailing her condition. She also confirmed this at the point of sale (and yes I do trust my friend totally on this matter - she has no reason to lie and in fact I was told all this information before even suggesting we attempt some recourse.)

I initiated contact with consumer direct earlier to ask some general questions about the issue however the operators were busy and have yet to call back - I have now passed on contact details to my friend who will phone them on Monday.

As for the company my friend sent an email to the company which she forwarded on to me (as I have a printer) I then printed and sent the letter recorded post on her behalf.

James_Lahey

Would a "reasonable" person expect them to be medically qualified or in a position to advise in a medical capacity about the suitability of a bed without examining the patient (customer)?

I don't think the average person would expect them to be able to do this and relying on this is a bit naive.

Admittedly it would be naive to expect to tell a sales person that you have a ruptured disc and your vertebra 5 and 6 were out of line and expect a verdict (not the actual condition afaik!)

However if you were to say-
friend-
"Hi there I have serious back problems and my doctor has told me I need a bed that offers full support and comfort although I am limited for space and need something that can fold away would XXXX be suitable for me?"
salesperson-
"Yes XXXX would be suitable providing you upgraded the mattress option from standard to our extra deluxe option"

IMO in this case you would expect the product you purchased to be comparable to a decent quality bed (which it isn't - by a long shot.)

Pinkypants

Just thought I'd try and hand out from free advice from yes a bed salesman!

Orthopedic in bed terms is a horrible word made up and popular in the 80's with the boom or mail order and Kays etc.... It sounds medical, it sounds like an orthopedic mattress will be good for a bad back. But in reality an orthopedic mattress in the bed world means FIRM and that's all.

Look up the definition of orthopedic its the study of bones and muscles. So how an orthopedic mattress get it's name is beyond me. A mattress that studies bones and muscles?

https://www.google.co.uk/search?q=orthopedic&sugexp=chrome,mod=18&sourceid=chrome&ie=UTF-8

There are no companies that will sell a product specify medically designed for a bad back. Apart from an adjustable bed, and that's just that, it's a bed that adjusts.

There are mattresses on the market that have been approved by chiropractors.

Proper support is only achieved when a mattress moulds around the body, shoulders and hip area should "sink" into the mattress allowing the lower back to touch the mattress and be fully supported. As our spines are naturally curved S shaped.
This can only happen when the mattress gives enough for the weight of a person. Bigger people will need a firmer mattress then a lighter person.

As for futons being "good" for a bad back, no way they are far too firm and do not "give" enough in the correct places.

No one with back problems should be purchasing mattresses or beds without trying them out. There is no one product fits all. It all depends on the size shape and weight of the individual.

We would have thought the with all this modern technology at our finger tips that we would have a solution to our bed and mattress buying problems but alas we do not.



As for the product in question here, yes it's a bed or futon in this case. It's IS fit for purpose, yes you can sleep on it that's what it's design for.

If the user doesn't find it comfortable, that doesn't make it "unfit" for purpose, it's just there view point. Someone else may sleep on it perfectly happily.

James_Lahey

Great post Pinkypants!

Just shows that you are an expert in your field and a great person to buy a bed from (whether you have medical training or not.)

Point taken about it being "fit for purpose" as many people may well be able to get a good nights sleep on it. But considering this product was sold to someone with pre-admitted back troubles -

As for futons being "good" for a bad back, no way they are far too firm and do not "give" enough in the correct places.

I would suggest the company either knows little about sleep science or cares solely about money over customers.

edit - I slept on a futon for a number of years as a teen and although not the most comfortable mattress I've slept on it was no comparison to this "super deluxe" monstrosity!

Pinkypants

Don't get me wrong, I think that the product has been totally miss sold, but as others have said, proving it may be very difficult.

Lesson learned and move on I guess.