Bed brought online can I return or change mattress?

adwozere

I brought a Sealy King size divan set (£700) Online from a company called the sleep shop, the bed was delivered after about 4 weeks and was all fine and looked great, but after the 1st night sleeping onthe bed I knew I wasn’t going to be happy with the mattress!

I have a problem with my back and different from what theysay (firm mattress for bad backs) I have to have a soft mattress or I getproblems, so reading up on beds I see this one with a rating of ‘’medium gentle’’rating, But after trying its much to firm for me and I feel Like ive done 10rounds with Mike Tyson when I wake in the morning L

I mailed them right away to see where I stand and they saidgive it a month, if your still not happy come back to us, so I mailed againasking what happens after a month’s use and I’m still not happy what will theydo , They come back saying this –

…………………………..
Thank you for your email. Your divan set does have a guarantee with it, however,the problem you are having would be deemed as a comfort issue, which is notcovered by their guarantee, as opposed to a manufacturing issue which would becovered by their guarantee.

We would of course approach Sealy for their advice if the problem persists
……………………..

Have I got any rights to send back or swap mattress for a softer type, I don’t wantto wait a month and then try to change as I can see it being more difficult to change by then

neilmcl

If the retailer doesn't give you the option of a return in the T&Cs then you will have no legal right of return I'm afraid. You've had the bed for around 4 weeks which is well outside the period of 7 days, in which you could've cancelled for a refund under the Distance Selling Regulations.

In my experience mattresses always do take some time for your body to adapt and get comfortable.

adwozere

neilmcl wrote: »

If the retailer doesn't give you the option of a return in the T&Cs then you will have no legal right of return I'm afraid. You've had the bed for around 4 weeks which is well outside the period of 7 days, in which you could've cancelled for a refund under the Distance Selling Regulations.

In my experience mattresses always do take some time for your body to adapt and get comfortable.

It took 4 weeks to deliver bed after ordering, Ive had bed for 3 days now

neilmcl

adwozere wrote: »

It took 4 weeks to deliver bed after ordering, Ive had bed for 3 days now

You didn't make that clear. In that case cancel now under the terms of DSRs for a full refund but be prepared for a fight. There are some, including the retailer no doubt, that mattresses wouldn't be included but I believe they are.

Although, my other point still stands. It will take take more than a few nights sleep to get used to a new mattress but if you don't want to take that risk then do the above.

adwozere

But how do I stand with the Distance Selling Regulations now Ive used it (opened and sleeped on the bed)? are you still covered in the same way

neilmcl

adwozere wrote: »

But how do I stand with the Distance Selling Regulations now Ive used it (opened and sleeped on the bed)? are you still covered in the same way

The only stipulation the DSRs make is that you take reasonable care of the item, there is nothing in the regulation to prevent you from "trying something out", certainly you are allowed to open and fully inspect/evaluate the goods you purchased. The right to cancel is unconditional and is in no way tied to the ability of the seller being able to sell the returned item as new.

But like I say with things like mattresses you may have a fight on your hand.

shaun_from_Africa

But like I say with things like mattresses you may have a fight on your hand.

You may well be right.
Their T&C's state:

Your rights to return goods are protected under the EU Distance Selling Directive.

You are entitled to cancel your order and return the goods within 7 working days for a full refund, including the cost of delivery. Do this by contacting us by email or telephone and quoting the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when we are at fault - for example, if goods are faulty or misdescribed.

However, their terms then turn illegal.

If you wish to return your purchase and receive a refund please notify us within 7 days of receipt. The item must be unused and unopened in the original manufacturers packaging plus repacked in our protective carton.

adwozere, contact your seller again and inform them in writing (I would suggest an e-mail followed up by a recorded delivery letter) informing them of your wish to cancel in accordance with the DSR's. You can inform them by telephone, but if you do this you won't have a record of the cancellation.
These regualtions state that a full refund can't be denied even if the item has been opened or used.
You will however be liable to pay the return delivery costs.

adwozere

Thanks for all your help, at least I know what I can do now :-)

keyser666

Would also recommend going shopping and trying out some mattresses and then look to procure online

Pinkypants

The DSR's give you have time to inspect goods as if you where in the shop.

Not sleep on the product for a few nights and return it!

Sleeping on it, sweating on it etc.. Is not taking care of the goods, it's using the product. Inspecting and using are two different things.

Optimist

Pinkypants wrote: »

The DSR's give you have time to inspect goods as if you where in the shop.

Not sleep on the product for a few nights and return it!

Sleeping on it, sweating on it etc.. Is not taking care of the goods, it's using the product. Inspecting and using are two different things.

Whilst I agree in principle to your statement and the implication of unfairness to the retailer. In strict interpretation of the DSRs they give the consumer the right to withdraw from the contract for any reason whatsoever within 7 days of delivery.

If the retailer hasn't provided the correct documentation as per DSRs then that 7 days can be extended to 3 months and 7 days.

Consumer protection laws are just that and take little to no account to the ability of the retailer to resell a returned item.