Bed brought online can I return or change mattress?

wealdroam

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.

And just to add to Optimist's points...

Having given the refund, if the seller feels that the buyer hasn't looked after the thing properly, then the seller can claim damages, via the courts if necessary.

But as Optimist says, a full refund under DSRs of all monies paid is unconditional.

neilmcl

Pinkypants wrote: »

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

Nowhere in the legislation does it actually state this, this is just a general interpretation. As mentioned, unless the type of item is specifically excluded from the DSRs, the right to cancel is unconditional and has no bearing on the ability of the retailer to resell the returned goods as new.

Pinkypants

I agree that you can send anything back and the retailor can claim for damages.

My point was that the whole idea of the DSR's is that they are there so you can inspect goods as if a shop. I.E if the item turns out to be different from expected then you can send it back.

But all too often this legislation is abused. It's far too 1 sided towards the consumer as it stands.

It's not designed to be used as a trail period for an item.

melbell

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c)for the supply of goods made to the consumer’s specifications or clearly personalised orwhich by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;


Mattresses would come under that surely not?

adwozere

I'm very confused now

unholyangel

melbell wrote: »

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c)for the supply of goods made to the consumer’s specifications or clearly personalised orwhich by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;


Mattresses would come under that surely not?

No. It is OFT and DTI view that this refers only to products which are physically impossible to return or cannot be returned in the same physical state they were supplied - however they are cared for. For examply nylon tights, which are distorted once worn.

Hygiene is not one of the grounds that a retailer can refuse on. They can however provide the consumer guidelines as to what they consider "reasonable care" (such as not removing hygiene seals) but this wouldn't be upheld if it restricted the consumers ability to assess the item in question.

adwozere

Im having some problems trying to return bed !
He mailed and said this-

whilst
i sympathise with your issue with the mattress, unless there is a manufacturing
fault with the product then unfortunately we would not be able to take back your
mattress.

All references to firmness ratings are a guide only as each
person will define firmness differently and it often takes some time to get used
to a new mattress

The Sealy Autumn Mist is a very good quality divan set
which should give you years of service and wear

I do hope you will be
able to adjust to this particular mattress in due course

I replied with there returns code-

Returns
Policy Before signing for goods when delivered, please note any damage to the
external packaging and notify us by email within 24 hours of receipt of any
fault or damage to your product. We will either offer you a full refund or a
replacement item free of charge wherever possible.

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.

Then he come back with this -

We do operate a 7 day return policy and are fully aware of the distance selling
rules but this is for unused product. The returns policy from which you have
pasted the extract goes on further to say

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. The purchaser will be responsible for all
carriage costs associated with returning the item. All products will be fully
inspected upon return and a refund issued less any return carriage costs due. We
prefer to collect using our own carriers but all products shall remain the
responsibility of purchaser until they are received at our distribution
warehouse.

From your e-mails the product has been used and therefore
unfortunately we can not accept a return

adwozere

Can any help I not sure what to do next, please read above post :undecided:undecided:undecided

rikbar

Hi Adwozere,

Post 7 already contains the answers you need, basically the retailer is in breach of the DSR if they will only allow it to be returned in an unopened condition. As was discussed above the DSRs are clear in that the ability of the retailer to resell the goods is not taken into account with regards the regulations.

As also discussed above a lot of bed/ matress sellers try to claim that due to hygiene reasons they cannot accept return, this has been the subject of much debate, but as far as I am aware the DSRs do not allow for this exception to be made. This may mean you will have a fight on your hands to make them accept their responsibilities

I would contact them and highlight that the DSRs allow anyone who has bought at distance to return a product within 7 days, whether it be opened or used and that this is not an allowed reason for refusal. Only certain items are exempt and a bed or matress is not included within those exemptions.

Cheers

Rikbar

adwozere

Thank you rikbar I will give it ago and mail them