Retailer refusing refund - will only replace faulty item?

mark_dumpleton

Hi,

I purchased a bed mattress (for £200) from a very well known, national catalog chain at the end of June this year.

I've had the mattress for the past two months and over the past week or so it's started to 'sag' and the springs seem to have come loose and are uncomfortable as well as noisy.

Obviously, the product isn't what I bought and two months of use for a £200 mattress is unreasonable. I'm sure that this breaks the Sale and Supply of Goods Act (goods must be 'of sufficient quality') and as such I asked the retailer for a refund.

The retailer has refused to refund me, saying I am only entitled to a refund for 30 days after buying the product. They'll replace it, but I really don't want another one of these mattresses!

Could anybody please clarify what I should do here - my thinking is that i'm entitled to a refund, but I just need to check! When I threatened to go to a small claims court they said 'fine, do it' so I need to be sure!

Thanks

vuvuzela

mark_dumpleton wrote: »

Hi,

I purchased a bed mattress (for £200) from a very well known, national catalog chain at the end of June this year.

I've had the mattress for the past two months and over the past week or so it's started to 'sag' and the springs seem to have come loose and are uncomfortable as well as noisy.

Obviously, the product isn't what I bought and two months of use for a £200 mattress is unreasonable. I'm sure that this breaks the Sale and Supply of Goods Act (goods must be 'of sufficient quality') and as such I asked the retailer for a refund.

The retailer has refused to refund me, saying I am only entitled to a refund for 30 days after buying the product. They'll replace it, but I really don't want another one of these mattresses!

Could anybody please clarify what I should do here - my thinking is that i'm entitled to a refund, but I just need to check! When I threatened to go to a small claims court they said 'fine, do it' so I need to be sure!

Thanks

They can refund, repair or replace and it is pretty much up to them as to which. I would try a replacement, it may be better made.
As for threatening them with SCC, you really shouldn't have done this until it was necessary, in this case it wasn't at all.

bris

They are doing everything they need to by replacing it, you have no complaint, as you are not entitled to a refund.

shaun_from_Africa

If you are adamant that you don't want a replacement of the same type of mattress, why not ask the retailer if you can choose a different one (paying any extra if required).

tinkerbell28

Well threatening to go to SCC was silly, they have offered all they need to in law.

Top tip.

NEVER EVER threaten legal action unless you are absolutely SURE of your rights and claim or are prepared to back it up.

The Jo Loves thread recently is a good example.

ThumbRemote

mark_dumpleton wrote: »

I've had the mattress for the past two months and over the past week or so it's started to 'sag' and the springs seem to have come loose and are uncomfortable as well as noisy.

I'd say the key issue here is whether the mattress you have is simply a one-off fault, or are they all like that.

If its a one-off, then a replacement will be fine. If they are all like that, you won't know until you get the replacement and the same happens. Then push for a refund (and if necessary threaten small claims at that point), as the retailer will be unable to supply one that is fit for purpose.