Unused Mattress return, Dreams (change in health)

kylemj

Hi,
I'm doing this on behalf of a friend as he is having other things to try and sort out as well. I've had a look online and am unable to find any answers.

Basicaly his mother had a stroke and was told by the hospital that she would need a special mattress which he got but after another stroke her health worsened and he was told she now needed a different mattress

He contacted them on the 3rd week of delivery

The matress has not been used and is still in its protective plasic cover

Here are the letters he's received regarding

Thank you for your recent letter regarding the above order number.
Firstly I am sorry to hear that you wish to cancel your goods which have already been delivered due to a change in personal circumstance.
In terms of the goods, we have reviewed the order, you first contacted us 3 weeks after delivery to advise the goods are not required, however, as the delivery has been completed we do not have a policy in place to cancel the order. We would recommend if goods are not required to sell the goods privately.
I am sorry this was not the response you were hoping for.
Kind Regards,
Customer Service Executive

Many thanks for your letter, dated 1st October 2014 which the Department received on 2nd October 2014. I understand from the contents of that letter that you wish to obtain a refund due to the fact that the mattress that you have purchased is no longer suitable for your mother due to her health.

The contract is covered under the Sales of Goods Act 1979. I note from the letter that attress before you were aware of her needs for a special mattress , Under the above legislation wouId only be entitled to a refund the goods if the goods were faulty or misdescribed. The mattress is neither of these. it is simply not suitable for your mother. As such you would not be entitled to a full refund. It is a case that you have changed your mind. I understand that you informed them as soon as your cicumstances changed, however the fact remains that the mattress is not faulty.. You may wish to contact the storeto see if you could exchange the mattress for one that is suitable, however, you may well be required to pay any difference in price. The store is not obligated to exchange the mattress for another if the replacement is more expensive, the difference in costs would need to be paid by you. The store had fulfilled their part of the contract and had supplied you with a mattress of your choice

I understand that you may have been hoping for a different response, however, I am afraid that you are not entitled to a refund

ThumbRemote

Assuming you bought in store, then legally they are correct, there is no right to a return.

They suggest talking to the store - has the friend done so?

wealdroam

It's not clear from your post, but have you been trying to get a refund?

Often companies are more likely to accept an exchange.
Perhaps you could offer to exchange the current mattress for a more suitable one?

Is the current mattress still sealed in its protective cover?

kylemj

sorry, Yes been trying to get a refund and is still sealed in its protective cover. Yes he's spoken to the store.

wealdroam

OK, so was the exchange idea put to the store?

If so, what was their response to that?

If Dreams do not want to help, then I fear their suggestion of selling the thing privately may be your only option.
If it comes to that, it almost goes without saying, I wouldn't be buying the replacement mattress from Dreams.

kylemj

Thanks for your help it does seem as if though selling it privately is the best option.

Again thank you for your help

Pinkypants

Although I feel for you, to be fair I'd say 99% of beds shops won't take back a mattress 3 weeks after delivery.

See it from their point of view, what are they meant to do with what "Could" be a 2nd hand mattress?

My boss used to work for a Mattress company who supplied to Argos and he said the amount of returns that came back after Christmas was very high. 80% of it went in the skip as they had be clearly "used". But as the contract stated that Argos could return it to the supplier they had to accept it. I am going back 15+ years.

photome

In this thread a poster called DAN DAN says Dreams offer a 30 day return policy...no idea if he correct though

https://forums.moneysavingexpert.com/discussion/5071706


post#7