trouble returning a mattress to Argos

BFlying

We bought a mattress last week online from Argos. We took it out of the packaging to try it but it's not suitable. We phoned Argos and they said that because there was a label on there saying it's non returnable if opened, then they won't accept it. As it was an online purchase, surely it is covered by the distance selling regulations? The woman on the phone seemed quite adamant that they are working within government guidelines. She even hung up in the end! The office of fair trading site said that as you can't try online purchases as you would in a shop, then you can return items even if they're out of the box or packaging. Can someone please tell me if we are within our rights to return the item? We still have the original wrapper it was in. Thanks in advance

pinkshoes

What do you mean by 'try it'? Sleep on it? Sit on it?

Mattresses come in a sealed plastic wrap, and you are supposed to 'try' the mattress by lying on it when wrapped.

The whole distance selling gives you chance to EXAMINE (not try!!) like you would in a shop.

For hygiene reasons, if you have unwrapped and lay on the mattress, then it is not returnable.

shaun_from_Africa

There is an exemption for the right of cancellation for a change of mind with distance related purchases if the goods concerned fall into the following category:

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Argos say (and rightly so IMO) that a used mattress may pose a hygiene problem and so will not accept it back for a change of mind.
They don't know if it's been tested by someone fully clothed or if that person spent the whole night on it whilst naked.

spadoosh

Yeh its for hygiene reasons, same with knickers and swimwear.

Out of curiousity what would you expect them to do with the matress they can no longer sell because you decided you didnt like it and had opened the packaging ?

BFlying

pinkshoes wrote: »

What do you mean by 'try it'? Sleep on it? Sit on it?

Mattresses come in a sealed plastic wrap, and you are supposed to 'try' the mattress by lying on it when wrapped.

The whole distance selling gives you chance to EXAMINE (not try!!) like you would in a shop.

For hygiene reasons, if you have unwrapped and lay on the mattress, then it is not returnable.

If you went to a bed shop, you would lay on the mattresses to try them. You wouldn't just examine them. And how can you lay on a mattress with plastic wrapping which has air bubbles in, to try it?
Someone else we know managed to return a mattress to Argos and they wrapped it in cling film!
It hasn't been slept on at all. Even if it had been, a sheet would've been put on it, you wouldn't sleep in an unmade bed. I've seen other people online contest their rights about returning a mattress and they've been told they're within their rights

bris

BFlying wrote: »

If you went to a bed shop, you would lay on the mattresses to try them. You wouldn't just examine them. And how can you lay on a mattress with plastic wrapping which has air bubbles in, to try it?
Someone else we know managed to return a mattress to Argos and they wrapped it in cling film!
It hasn't been slept on at all. Even if it had been, a sheet would've been put on it, you wouldn't sleep in an unmade bed. I've seen other people online contest their rights about returning a mattress and they've been told they're within their rights

The old DSR were pretty vague on the matter and gave the consumer the benefit of the doubt. The new CCR are more retailer friendly and take away that doubt.


I wouldn't want to be the poor smuk who bought your used mattress.

shaun_from_Africa

BFlying wrote: »

If you went to a bed shop, you would lay on the mattresses to try them. You wouldn't just examine them.

And the mattresses that have been used for testing in a shop probably wouldn't then get sold to an unsuspecting customer as the shop would probably be able to write off the value when they get disposed of.


You say that your mattress hasn't been slept on but how do Argos know that this is the case?
The CCR's are quite clear and they state that a retailer can refuse a return for a sealed item that was unsealed by the customer if there is a health or hygiene concern, and as they think a mattress falls into this category they are refusing to accept it back.
If you disagree, your only option will be to take legal action against them.

BFlying

Take a look at this link http://www.bbc.co.uk/programmes/articles/3y9V3mSGKBhbGqCYnGj0xtP/online-shopping-your-rights

societys_child

That link appears to be out of date.

. . . because there was a label on there saying it's non returnable if opened, then they won't accept it

Which part of the label didn't you understand, or doesn't it apply to you?

shaun_from_Africa

BFlying wrote: »

Take a look at this link http://www.bbc.co.uk/programmes/articles/3y9V3mSGKBhbGqCYnGj0xtP/online-shopping-your-rights

That link is totally irrelevant because the legislation it refers to is no longer in force.

And Julia’s right to be disappointed because she should have got the money back. As this was an online purchase, she was protected by the Distance Selling Regulations which gives customers the right to a full refund if they cancel an order within seven working days of receiving it.

The DSR's were replaced by the Consumer contracts regulations and these reg's allow the retailer to refuse to accept a cancellation for a mattress that has been unsealed by the customer.

burlington6

OP, would you moan if the next mattress you buy had been ''used'' by someone else?

Be honest