Sub Standard Mattress

xxxdarlingxxx

Hi there

I am looking for some advice, I purchased a mattress last week from an online store and am having trouble getting them to refund / exchange it. Before I selected the item I visited a few local stores and decided I needed a “Medium” firmness mattress. I selected a “Silk 1000” pocket sprung mattress with a winter memory foam layer side and a cool summer side from dfsbeds.co.uk.

The mattress arrived and the drivers carried it upstairs, they brought to my attention the plastic wrapping was filthy and to take care I did not transfer the dirt to the mattress. I couldn’t move the mattress without getting the dirt onto my cream carpet. I cut away the plastic and put the mattress onto the bed frame.

When I laid down I sunk quite far into the mattress, I am only 9 ½ stone. Sitting on the side of the bed to get in or out causes the mattress to totally collapse the top and bottom seams meet. I advised them I felt it was substandard and certainly not a medium firmness. I don’t think even a “soft” mattress should collapse totally when you sit on the edge. I think the mattress is faulty and not fit for purpose. I would like it collected and exchanged.

They have advised that a firmness rating is a subjective opinion, if the mattress is still in it’s plastic hygienic wrapping then it can be returned at your cost which would be £50.00; if you have taken the mattress out of the wrapping it cannot be returned as we do not have a try and return policy.

The mattress has not been slept on but I had to remove it from the wrapping. The external wrapping was filthy and I cut this away as it was marking my bedroom carpet. I was unaware there was an internal wrapping and have explained this.

Could someone advise me if I have any rights that I could refer to, I am in Scotland if that makes a difference.

Thanks for your help

xDx

keyser666

How long have you been working in the field as a mattress expert to ascertain it is sub standard?

neilmcl

Bottom line is the mattress didn't meet up to your expectation rather than not conforming to contract and whilst you did have a right of return under the terms of the replacement to the DSRs - the Consumer Contracts Regulations 2013 (CCRs), the removal of the sealed packaging would probably exclude this due to hygiene reasons.

ThumbRemote

Assuming the mattress is not faulty, OP is quite entitled to return it under the CCRs for a full refund. The CCRs enable them to inspect the mattress as they would in a shop. The only way this is possible is by unwrapping it, which they have done.

OlliesDad

ThumbRemote wrote: »

Assuming the mattress is not faulty, OP is quite entitled to return it under the CCRs for a full refund. The CCRs enable them to inspect the mattress as they would in a shop. The only way this is possible is by unwrapping it, which they have done.

xxxdarlingxxx wrote: »

I was unaware there was an internal wrapping and have explained this.

This suggests that they did not just unwrap the outer layer but also the inner layer.

In addition, I believe CCRs have an exclusion for "sealed goods which are not suitable for return for hygiene reasons".

neilmcl

ThumbRemote wrote: »

Assuming the mattress is not faulty, OP is quite entitled to return it under the CCRs for a full refund. The CCRs enable them to inspect the mattress as they would in a shop. The only way this is possible is by unwrapping it, which they have done.

I guess you've missed the bit about goods excluded due to "health protection or hygiene reasons, if they become unsealed after delivery"

Pinkypants

Distance selling regs are there so you can inspect the goods as if on display in a shop. It doesn't mean you have the right to try them out before you buy, i.t your not meant to sleep on it then send it back.

Whilst I understand about the dirt issue, mattresses do come wrapped in plastic and moving plastic around does create static, which in turn is like a magnet to dirt!

wealdroam

Pinkypants wrote: »

Distance selling regs are there so you can inspect the goods as if on display in a shop. It doesn't mean you have the right to try them out before you buy, i.t your not meant to sleep on it then send it back.

The OP has already told us:

xxxdarlingxxx wrote: »

The mattress has not been slept on...

Idiophreak

xxxdarlingxxx wrote: »

I think the mattress is faulty

ThumbRemote wrote: »

Assuming the mattress is not faulty,

Why would you assume the mattress isn't faulty when the OP's said it is?

If the OP's description is right and the thing disappears to nothing when a light person sits on the side, I'd be thinking it's not fit for purpose....the purpose being to keep people lifted off of their bed frame....

tomtontom

http://m.dfsbeds.co.uk/Silk_1000_Double_Mattress_6139_973.html?category_id=0&search_string=silk+1000

Is this the one? If so you've bought a very cheap mattress, and what you describe is what I would expect of a mattress of that price.

xxxdarlingxxx

Thank you all for your feedback, I have reached an agreement with the company to return the mattress.

I appreciate £200 May be "very cheap" to some people but I still think the mattress should not be so weak you cannot sit on the edge without it doubling over. Heaven knows what it would be like with a few months use.

xDx