new purchase/ want refund

alexandra_Brown

Help....I asm new to this site and am not real sure how to navigate it so please be patient.:A Anyway I purchased a mattress form a local furniture store , when I recieved it it was not what I wanted and now the store is telling me that they "may" be able to take it back. I specifically asked for a temprepedic mattress the store sales man asked me if I had looked around and I said yes and he asked me how much I had found them for I said about 1300. He said I can beat that and walked me back to the mattresses said this one is 1299. and it has a twenty year warranty. Then showed me a Southerland mattress that was also a foam style and said that it had a ten year warranty. Proceeded to have me lay on both and I felt the first, (what I assumed was the temprapedic) was better. Said that I would be back the next day to arrange to have it delivered. I called and told the lady that answered that I was coming for the temprapedic and she said that you want the Garme? Which I thought was the style name and I said I guess, I want the temprapedic, she said let me see if there not being held for special order. NEVER did she correct me and say we don't sell temprapedic's, I went to the store I paid with a check and set up delivery for the next afternoon, never did she give me a reciept or did the delivery man. The mattress came and I lloked at it when I got home and saw that it was not a temprapedic, I called and told them what the problem was and the sales man that I had spoken to was very disrespectful and said "I did not say that it was a temprapedic, and proceeded to go on about what he had said i.e. the maker country of origin etc. NONE of what he had said to me. I asked for them to come get it and we needed to get a refund. He said I had to wait till Tues when the manager was in and they "would see" I contacted the local dealer for temprapedic in town and they immediately knew who I was speaking of and advised me to stop payment on the check itf they did not cooperate with me. She stated that I was not the only one they had done this to and that they misrepresent them selves to many others. What recourse do I had contractully? Is there some law that says how many days you have to change your mind with a purchase? SOMEBODY help me :j

inmypocketnottheirs

You do not have any right to 'change your mind'. The Law does not provide for 'Buyers Remorse'. However, you are entitled to get what you paid for, and under the Sale of Goods Act, the goods supplied must be of merchantable quality (i.e. fit for sale), good for purpose (in this case able to be slept upon) and as described. If a salesman says 'Take a look at the HunkyDory500, its the latest temrapedic mattress', then he has made a representation of the product, and the goods must meet this description.

Therefore you have not received the goods 'as described'. You can call Trading Standards on a national rate number (look at https://www.saynoto0870.com to find a number local to you on 08454 040506. Also take a look at their website https://www.consumerdirect.gov.uk. TS will be able to advise you what to do, then you will be able to go back instore armed with all the knowledge and confidence of what your rights are to get what you actually wanted.

HTH and good luck!

Tim_Deegan

First of all you can get much better for much less than Tempur who cam out bottom in the Which Magazine report: http://www.mattressman.co.uk/PDF/which_report.pdf

Did you put a stop on the cheque?

Contact your local trading standards. There is a very wide price range for memory foam mattresses, and tempur seem to be one of the most expensive. So if they sold you another make, then the chances are that it should be much cheaper than they charged you.

Good luck

knowledgeman

Nothing they have said states it was a temprametic from my reading

Its really tough !!!! that you didnt ask the right questions but its a learning experience

Unless you can prove they misrepresented themselves which I dont read them as having done you dont have a legal right although if you kick up enough of a fuss they may back down