Goods not perfoming as stated

mightymousey

After conversation with an online store where they assured us that it was the correct product for our needs we bought one of their 'cooling' mattress pads but it's not cooling us.

We've asked to return it for a refund but they are asking us to accept 50% off because we've had it for 5 weeks (we were trying various bedding/mattresses to get it to work for us). Their site states that with tis particular product that they offer a 'full money back guarantee if you are not 100% satisfied' (with no time scale mentioned).

Are we entitled to return it? And should I be asking them to cover the return postage?

agrinnall

Well, if you've been sleeping (and who know what else?) on it for 5 weeks all they can do with it now is bin it, so I can see why they wouldn't want to give you a full refund.

unholyangel

agrinnall wrote: »

Well, if you've been sleeping (and who know what else?) on it for 5 weeks all they can do with it now is bin it, so I can see why they wouldn't want to give you a full refund.

Then they really shouldn't be offering a money back guarantee then, should they?

OP have you asked them about the money back guarantee? Are they refusing to honour it?

mightymousey

Thanks unholyangel, I intend to reply to their offer of 50% asking about their money back guarantee but haven't yet as I wanted to be sure of where I stood on this. Their point seems to be that we can't have our money back because we've had it for 5 weeks.

visidigi

Guarantee claim valid if non max term stated.

Postage would be your deal, it would be theirs if it was significantly not as described, but a cooling mattress would work for some but not all, so they could argue their case there.

Choose your battles wisely on this one...

mightymousey

yes thanks, it is a difficult one because of the type of item, and with the return postage because it will be expensive to return.

mightymousey

Hi just updating. The company have agreed to a full refund with me covering the cost of the return postage.

Thanks again for the advice.