Mattressonline.co.uk - Advice please.

norm_

Purchased a Silentnight mattress from them on the 17th of Dec by credit card.

The stitching has come out from the quilted surface, and it's sagging in one area.

I informed them on the 7th of Jan that I wish to return it for refund under the Sale of Goods Act 1979 because it's clearly not fit for purpose and not of satisfactory quality.

In addition to that the SOGA says this. (Section 11. Your customers' rights when they buy goods online, by telephone or by mail order)



This is the reply I recieved back from them (2 days later).

Hello Mr Hugh

If you wish to return the mattress you have to send back to us with your own courier as we do not collect and as stated in our Terms of Sale
Regards,

Bridget Wharton
Customer Service - Mattress Online
Website: http://www.mattressonline.co.uk/
Tel: 01709 780 881

Here is a link to their TOS - http://www.mattressonline.co.uk/Terms-Of-Sale

Advice please.

halibut2209

That's fine but remind them that you will be claiming the cost of the return postage as is your legal right under SOGA

norm_

halibut2209 wrote: »

That's fine but remind them that you will be claiming the cost of the return postage as is your legal right under SOGA

What do you think about taking the issue up with the credit card company first (Section 75)?

halibut2209

Before you've given the company a chance to repay you? Not the advice I'd give

visidigi

norm_ wrote: »

What do you think about taking the issue up with the credit card company first (Section 75)?

given the retailer has offered an avenue to resolution the CC provider would look on your refusal to complete in a very negative way and would decline your chargeback.

dalesrider

norm_ wrote: »

What do you think about taking the issue up with the credit card company first (Section 75)?

You need to attempt to resolve with the retailer before they would look at S75.
Given that the retailer has also offered a way to resolve. A CC would not look on the claim in a good light.
Yes they would find out as often the 1st course of action is to speak to the retailer to see if a bit more pressure will resolve the issue.

Lip_Stick

It says 'The customer is entitled to claim the cost of postage back from you, or request that you arrange collection of the item.'

Reads to me like the OP can demand that they arrange collection of the item if it's not fit for purpose, rather than paying for a courier and claiming it back.

norm_

visidigi wrote: »

given the retailer has offered an avenue to resolution the CC provider would look on your refusal to complete in a very negative way and would decline your chargeback.

Them refusing to collect or reimburse me for return is not really an avenue to resolution. It's going to cost £54.83 inc.VAT to return.

Will the CC company cover that cost? Hence why I thought maybe it's easier dealing with S75 first so I can be reimbursed in full and they can collect it themselves when the CC company reach a decision.

Presumably the alternative is filing a money claim online?

norm_

Further email from the company.

Dear Mr [SURNAME]

We have offered to replace your mattress and collect the faulty one as per Trading Trading Standards guidelines.
Please advise a convenient date to receive a bag for return of the mattress and we will order a replacement from the manufacturer.
Regards,

Jennie Marsh
Customer Service - Mattress Online
Website: http://www.mattressonline.co.uk/
Tel: 01709 780 881

I have already directed them to the part of the SOGA which states I can legally request a refund for goods not fit for purpose and that I want a refund.

halibut2209

After 3 weeks, you may have a battle to get a refund. You are entitled to a remedy, but it doesn't mean you get to pick which one.

It comes down to whether a reasonable period of time has passed, and there is no hard and fast rule about that.

visidigi

norm_ wrote: »

Them refusing to collect or reimburse me for return is not really an avenue to resolution. It's going to cost £54.83 inc.VAT to return.

Will the CC company cover that cost? Hence why I thought maybe it's easier dealing with S75 first so I can be reimbursed in full and they can collect it themselves when the CC company reach a decision.

Presumably the alternative is filing a money claim online?

I see nothing in the message they sent you that said they wont refund the postage, what they said was they wouldn't arrange the collection.

This is most likely due to couriers charging additional fees for remote collections. They HAVE offered an avenue for resolution no matter what you think, and for that reason a S75 claim will be very unlikely to assist you in this situation on the basis of the information you have provided.

The seller is liable for your return costs if the item is faulty.