faulty mattress?

rabialiones

hi, need some advise please, have checked the consumer rights posts, but still not quite sure.
new bed about 4 weeks old, on rotating mattress , i noticed a tear at the seams, have contacted retailers who say someone will phone me after contacting manufacturers.
i think i may be offered a repair, which i would not really be happy with.
would i be entitled to a replacement or refund if they do not agree to replace with new one.

Pinkypants

Under SOGA you are entitled to a repair, replacement or refund, but you do not get to choose which.

If you noticed this when the mattress was brand new, you could have rejected the goods and then asked for a replacement, but I'd say that after 4 weeks goods have been accepted. So in this case if they do offer a repair then they have met their obligations under SOGA.

But are you not shooting the gun so to speak, you don't yet know what they will offer.

mattyprice4004

Unfortunately nope, if they repair you have to accept it.

rabialiones

its come apart from the seams, do not think if it can be suitably repaired so it doesnt happen again , there is no extra fabric to insert into edge of seam and stitch it up, unless they stretch and pull it, in which case further damage could occur in future.
i did pay with my credit card

ThumbRemote

Also remember that any remedy they offer must not cause you significant inconvenience. This will depend on your circumstances - if you don't have another bed then taking the mattress away to repair is obviously going to cause you significant inconvenience, and you don't have to accept this.

rustyboy21

They won't take it away, an engineer will callout with all the professional tools and repair it in your home.

Been there, got the T shirt

rabialiones

rustyboy21 wrote: »

They won't take it away, an engineer will callout with all the professional tools and repair it in your home.

Been there, got the T shirt

thats what my thoughts were as well, however, do i have to accept this as its fairly new and as i have explained above it could come apart again.

DevCoder

Yes you do have to accept the option chosen by the supplier as the others have posted.
If it happens again, then after a number of times you could raise an objection that it's causing inconvenience, but not the first time.