Not fit for purpose??

earthstorm

hollydays wrote: »

So you'd go and buy some sealed toys which you told had a mark on them, take the suppliers word, and when they were opened and had caused an injury claim " I didn't know nuffink guvnor" Arthur Dailey springs to mind..

No usually with sealed toys you can open and then reseal, but clearly you have never purchased a vacuum sealed memory foam item.

A memory foam mattress is vacuum sealed, so it is compressed to a few mm and rolled up tight like a giant cigar. As soon as the vacuum seal is opened the mattress will started to expand to it optimum thickness of 5 to 6 inches. so it is impossible for a retailer to open these to examine and show any faults to the customer, so the retailer relies on his supplier for any information on any faults, so in effect in the same boat as his customer that he has purchased factory fault goods without actually knowing the exact fault, now me as a retailer would never purchase any seconds or factory fault goods unless i know what the fault is. With toys nowadays the main fault that turns up is just battery issues, so i keep a large selection of batteries so i can sort these issues out.

hollydays

Erm.. Why is it clear I have never purchased one ,and if that was true ( its not)how is that relevant. To reiterate
You said a retailer only goes by what he's told- I gave that example, to show " clearly" .. That that is not correct.

In your other post you said retailers can only tell a customer what he's told, but now you say you'd have to know what the fault is.

If the wholesaler lies and you don't open and check-YOU are still liable.

earthstorm

MamaMoo wrote: »

The manufacturer obviously knows what the fault is, as they made the item and made the decision that it was not up to standard and faulty.

Yes but then the manufacturer sell the item to a wholesaler, so tells the wholesaler it has a factory fault ( lets say water damage), but then the wholesale only tells the retailer it has a factory fault, now what information can the retailer tell the customer, he can only tell the customer the information he has. so therefore it is the wholesales fault for not passing the details on about the water damage. the retailer has covered himself by giving out the information he has been told and that is a FACT. it is buyer beware as the buyer knew he was buying a faulty item.

now unless you are a retailer then you have no idea how the system works

Money-Saving-King

earthstorm wrote: »

Yes but then the manufacturer sell the item to a wholesaler, so tells the wholesaler it has a factory fault ( lets say water damage), but then the wholesale only tells the retailer it has a factory fault, now what information can the retailer tell the customer, he can only tell the customer the information he has. so therefore it is the wholesales fault for not passing the details on about the water damage. the retailer has covered himself by giving out the information he has been told and that is a FACT. it is buyer beware as the buyer knew he was buying a faulty item.

now unless you are a retailer then you have no idea how the system works

Unfortunately that isn't how the law works. It's more retailer beware of what you're selling.

hollydays

earthstorm wrote: »

Yes but then the manufacturer sell the item to a wholesaler, so tells the wholesaler it has a factory fault ( lets say water damage), but then the wholesale only tells the retailer it has a factory fault, now what information can the retailer tell the customer, he can only tell the customer the information he has. so therefore it is the wholesales fault for not passing the details on about the water damage. the retailer has covered himself by giving out the information he has been told and that is a FACT. it is buyer beware as the buyer knew he was buying a faulty item.

now unless you are a retailer then you have no idea how the system works

There is not a law called buyer beware.

Pinkypants

Not true, the goods still have to be fit for purpose. Marking something as faulty but not saying exactly what's wrong does not cover it.

I work retail selling mattresses and in this case, we would have unbagged the mattress so that any potential customer could see the fault before deciding on making a purchase or not.

earthstorm wrote: »

It matters alot as the retailer can only tell a customer what he is told.

It is clear you are not a retailer and so called users on MSE ARE NOT THE LAW.

as long as you pass the same details onto the customer on what you have been told then you are LEGALLY COVERED. you cannot open vacuum sealed items to show customers especially memory foam items. if you mark the item factory fault ( in effect a second) then the customer is 100% clear he is purchasing a second, so it his his choice to purchase it or not. no one forced him to purchased the item.

Pinkypants

Don't forget the rules of the game are completely different between business to business compared to business to Joe Public (end consumer).

If a shop decides to buy fault goods from their supplier, its up to them, but the shop still has to uphold the law when selling to Joe Public.

Pinkypants

Go back to the shop and ask for a refund or replacement (nicely), tell them the issue with the mattress and if they don't sort it, write a letter to them. Again asking for repair or replacement as the goods aren't fit for purpose. Give them 7 days, if they don't respond, then contact trading standards. If paid on credit card ask the CC company for assistance.

victoriav wrote: »

My brother is a student and now in new digs, he bought a new matress which had been reduced, although on the box it said sold as seen non returnable...he was told it had a factory fault. He couldnt take it completely out of the box and check it , (as he got it home on one of those pushbike trailers and to undo it all would not have let him transort it.) it was vacuum packed you see. Anyway he got it home to put on his new bed and there is a huge ridge in it and it wont go down, he has left it out for 72 hours as it states but it cannort be slept on easily, or even at all, i think this must be what was meant by factory fault, so it makes it unfit for use, can he return it and get his money back? what can he do, as its a lot from a students money to have lost. Ah forgot to mention its one of them memory foam matresses...

victoriav

Great result he has just phoned me and got a refund...

Him and a friend rolled it up as tight as they could and taped it up and put back the plastic wrappings, and rode back with it in the bike trailer., and the box it came in.

He would like to give special thanks to the poster on here 'Thumbremote' for drawing his attention to the sale of goods act section 14 - as he's sure that this was what made all the difference and got the desired result when he quoted it.:T

He politely told the assistant the situation and she said that many had already been returned.

Thanks to all!

NB I think it would have been difficult for anybody to completely undo a matress like this to inspect and then fit it into any car to transport it home, once it had regained its full size, never mind a bicycle trailer...:rotfl:

Valli

Thumbremote's advice thoughout this thread has been excellent; I'm sure he/she will appreciate your comments OP.