Consumer rights ref not as described

K8Raff

Hi

First time I've ever done this so please bare with me. I have looked and can't find any other threads.
I purchased a waterproof mattress protector in August which I've used and has been fine until this morning. My 4 year old son was in my bed and wet it. As soon as he done this I stripped the bed and it had in fact gone through the protector and onto the mattress. I have been In touch with the company and they have said there is a section where it's marked * saying not suitable for bed wetting. I've been on the website as I searched high and low when I was originally purchasing this as this is one that zips all around the mattress therefore decided on this make. They gave sections within the product labelled 'why we love it' and 'details & washcare' I went into the details section and have also done this again this morning and screen shot and no where does it say the waterproof protector isn't in fact waterproof. Since the lady on the email told me there was a disclaimer I thought I'd look in the why we love it section and there it is stating it's spill proof and not recomended for bed wetting. I have been met with the response that they have our a disclaimer however my point which the lady is ignoring is this is misleading and shouldn't be sold as waterproof. Where do I go from here?
This wasn't cheap either it was £40.
Big thanks in advance for your help.
Kate

unholyangel

You said you've contacted "the company" would that be the manufacturer or retailer?

From what you've said, I'd agree its misleading - waterproof and water resistant are two different things and while this may be water resistant, its not waterproof so they shouldn't be describing it as such and a disclaimer can't remove or restrict liability for faulty or misdescribed goods - any such term would be unenforceable under unfair term legislation and may even amount to a criminal offence under the consumer protection from unfair trading regulations.

As for what to do next, given the amount and timeframes involved, your only likely way to get money back will be a letter before action. I'd also report the company to trading standards (they rarely take action on 1 complaint but its worthwhile as the more complaints they get, the more likely they'll actually do something).