Bed brought online can I return or change mattress?

adwozere

They not having none of it ! come back with this

Due
to health and hygiene concerns we ask that it remains sealed within the heat
sealed manufaturers polythene cover as per our terms and conditions.

We
appreciate that to inspect the item it has to be removed from the protective
carton if sent on an overnight carrier but the item can be inspected with the
polythene cover in place

Optimist

adwozere wrote: »

They not having none of it ! come back with this

You have reached the point where you need to decide whether you wish to pursue this or let them get away with it.

If you wish to pursue then I would suggest a complaint to trading standards you can wait to see what they say, or you can also send a letter before claim and take the retailer to the small claims court.

unholyangel

adwozere wrote: »

They not having none of it ! come back with this

You may be fighting a losing battle but you could try pointing them to this:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

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.

So the first question is, did they stipulate what they consider "reasonable care" prior to you receiving the goods? If not, they should refund. If they did, then you're on a sticky wicket to try and prove that keeping the cover on would impede your ability to assess the product.

adwozere

So the first question is, did they stipulate what they consider "reasonable
care" prior to you receiving the goods? If not, they should refund. If they did,
then you're on a sticky wicket to try and prove that keeping the cover on would
impede your ability to assess the product.

Where would they have told me that? as I ordered online, email sent to me or on there website in T&C ?

unholyangel

I'd expect it to be in a durable form along with other pre-contractual info.

But realistically, it could be in either.

Pinkypants

You still have rights to cancel and send it back,

BUT they may ask for compensation..

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.

Tough one as always with mattresses.

Unless of course you where not properly informed of your rights at time of purchase. Or maybe their T+C's are illegal and maybe you will have a case that way.

I wish you good luck and please try and keep us informed of the situation however it turns out for future reference.