Dreams won't return mattress bought online

mobilejo

I ordered a mattress online from Dreams which was delivered Tuesday. Their delivery men carried it upstairs, took off the wrapping and took the wrapping away. They left the corner protectors stapled on.

My wife was at work at the time so when she got back, she felt it and instantly said it was way too firm. I moved it off the bed and stood it against the wall in the spare room and put our old mattress back on the bed. Corner protectors still in tact but no packaging as the delivery team took it with them.

I call dreams today to arrange a refund and return and they said that they won't accept it because (a) "I" opened it and (b) sitting on it even for 20 seconds to gauge its firmness is 'using' it.

Both of these excuses sound like BS to me because (a) I didn't open it, it was left with me by the retailer with no packaging on it! and (b) the Consumer Rights Act 2015 says that an item can be handled the same way it would be in store.

I am waiting for a manger to call me back (chances of that happening?) and I will be writing to them but does anyone have any specific advice?

Thanks

And yes I know about their 40 night comfort guarantee but we couldn't agree on a new mattress hence why I rang today for a straight refund and now after this I have no interest in doing business with them again.

Silver-Surfer_2

In the interests of hygiene you'll find mattresses are excluded under the CRA if they are taken out of the packaging.

mobilejo

Silver-Surfer wrote: »

In the interests of hygiene you'll find mattresses are excluded under the CRA if they are taken out of the packaging.

But if Dreams have left it with me devoid of packaging, then what?

Mojisola

We returned a mattress to Dreams -
http://support.dreams.co.uk/hc/en-gb/articles/205720401-40-Night-Comfort-Guarantee

twohooter_2

Mojisola wrote: »

We returned a mattress to Dreams -
http://support.dreams.co.uk/hc/en-gb/articles/205720401-40-Night-Comfort-Guarantee

Does this mean that some poor unsuspecting soul may purchase a mattress from Dreams thinking it was brand spanking new when in fact it may have been slept on for up to 40 nights by someone else and then returned as unsuitable? I would like to think that returned mattresses are sold on with a clear indication that they have been used but have never seen mattresses advertised as such.

naedanger

twohooter wrote: »

Does this mean that some poor unsuspecting soul may purchase a mattress from Dreams thinking it was brand spanking new when in fact it may have been slept on for up to 40 nights by someone else and then returned as unsuitable? I would like to think that returned mattresses are sold on with a clear indication that they have been used but have never seen mattresses advertised as such.

Possibly sold to trade e.g. hotels, etc

mobilejo

Resolved - after speaking to a sensible rep who asked for photos to prove that all the protection was still in place, they have agreed to collect and refund.

£39 charge for collection but I was aware that was their policy and it's a fair amount IMO.

shaun_from_Africa

Silver-Surfer wrote: »

In the interests of hygiene you'll find mattresses are excluded under the CRA if they are taken out of the packaging.

It's actually the Consumer contracts (information, cancellation and additional charges) regulations and those regulations state that returns for hygiene related issues can be refused if the goods are unsealed after delivery.
It could possibly be argued that as the delivery drivers unsealed the mattress, the actual unsealing occurred before delivery had been completed.