Bought a bed online - rubbish mattress!

jesski

Hi there,

Bought a bed from https://www.divancentre.co.uk - stupidly didn't look at the reviews until after I'd ordered and soon wished I hadn't!

I like a soft mattress so assumed that as the website stated 'Soft to Medium', it would be fine. I wasn't expecting miracles, as I knew I was buying a cheap bed, but what I've received is no where near a soft to medium mattress! My floor is softer :rotfl:

Emailed them to query it and got this response:

"Hi Jessica

Please note that the description on our website about the mattress as soft to medium is based on technical ratings. However, different Customers can have different views on the firmness of the mattress.
The mattress is definitely medium firm. You will also find the mattress getting bit softer after couple of weeks usage once the fillings settle down."

So... I ordered a 'soft to medium' mattress, but you're telling me it's definitely medium firm?! Great. So do I have any rights here? I could just send it back and exchange it but they want £70 to pick it back up (and another £30 as it's out of the packaging!) - not worth it when I paid £130 for it! Surely as I've been sold a product not as advertised there's a way around this?

Any advice would be greatly appreciated!

Jess

System

I interpret that as medium firmness as they normally use 'hard' if it is firmer than medium

InsideInsurance

Agree with the above on the wording.

You have two options, return it under the distance selling regulations now whilst you are in the cooling off period. If there T&Cs say you are liable for the return fees then you are but very possibly can return it for less than the £70 they state.

Second option is to try it for a little longer and then try to reject it under the Sales of Goods Act as not as described in which case they are liable for its return costs but you are potentially going to struggle in proving that the item isnt soft-medium as it is a subjective matter

hollydays

Aren't mattress exempt from this once they have been opened

fluffnutter

hollydays wrote: »

Aren't mattress exempt from this once they have been opened

No. Although that won't stop a retailer arguing that they are. Mattresses and the DSR are a notoriously bad mix.

fluffnutter

You could try to get used to it. All mattresses feel weird at first and a firmer one really is better for you than a soft one. Mind you, if you do that you've screwed your opportunity to return under the DSR. But even if you decide returning it's not worth your while, I'd suggest trying it for at least a week before buying a new one.

InsideInsurance

fluffnutter wrote: »

a firmer one really is better for you than a soft one.

This isnt true, too firm or too soft is bad for you.

You need one with the correct level of support for your weight (really your BMI) so a very light person is best with a soft mattress, a very heavy person with firm etc. You can get split mattresses for those who arent similar weights to their partners.

fluffnutter

InsideInsurance wrote: »

This isnt true, too firm or too soft is bad for you.

You need one with the correct level of support for your weight (really your BMI) so a very light person is best with a soft mattress, a very heavy person with firm etc. You can get split mattresses for those who arent similar weights to their partners.

I didn't say 'too firm', I said firmer than soft.

neilmcl

jesski wrote: »

So do I have any rights here? I could just send it back and exchange it but they want £70 to pick it back up (and another £30 as it's out of the packaging!) - not worth it when I paid £130 for it!

As already mentioned you are entitled to return under the DSRs but if their T&Cs state that you are liable for the return costs (and you've received these in a durable medium) then they can charge you for collection or alternatively you can organise and return it yourself. On thing they're not allowed to do is charge any additional fee, such as a restocking charge therefore they're not allowed to charge that extra £30 fee.

Having said all that. If indeed they are admitting that the mattress should be described as "medium firm" and they've advertised it as "soft to medium" then you should really have a case for it being not as described and therefore entitled to a full refund without any costs to you.

ThumbRemote

jesski wrote: »

Please note that the description on our website about the mattress as soft to medium is based on technical ratings. However, different Customers can have different views on the firmness of the mattress.
The mattress is definitely medium firm. You will also find the mattress getting bit softer after couple of weeks usage once the fillings settle down."

I would take this as their acknowledgement that the mattress was wrong described on their website.

A 'soft to medium' mattress should be between soft and medium - ie less hard than a medium mattress. But they've admitted it is just a medium mattress.

Get back to them and state it's misdescribed so you are rejecting it under the Sale of Goods Act.

OlliesDad

ThumbRemote wrote: »

I would take this as their acknowledgement that the mattress was wrong described on their website.

A 'soft to medium' mattress should be between soft and medium - ie less hard than a medium mattress. But they've admitted it is just a medium mattress.

Get back to them and state it's misdescribed so you are rejecting it under the Sale of Goods Act.

I would disagree that they are confirming it is misdescribed - they are merely stating that technical ratings put it at soft to firm however in their opinion it is more like a medium.

As they pointed out, everybody has a different rating of firmness.. that is why I would never buy a mattress online.