Wrongly advertised mattress

seashore22

I would get a mattress topper for it.

I like a firm mattress, but our last one was a little too firm . We bought a memory foam mattress topper and it transformed the comfort of the bed.

ScorpiondeRooftrouser

I am interested to know what you think ought to happen here. They obviously can't resell a mattress you have taken out of all its packaging and slept on. Do you think they should simply hand your money back, take the loss and throw it into a landfill?

SuperHan

ScorpiondeRooftrouser wrote: »

I am interested to know what you think ought to happen here. They obviously can't resell a mattress you have taken out of all its packaging and slept on. Do you think they should simply hand your money back, take the loss and throw it into a landfill?

Argos have advertised the product incorrectly. Of course this is what they should do.


I usually come down on the side of the retailer, but they legally cannot describe something incorrectly and then have no recourse.


It'd be different if the manufacturer agreed that it was a "Medium" mattress adn it was just the OP that didn't like that. In fact, the manufacturer have said it is "Firm".


OP - did you buy online or in store? Could you get Silent Night to confirm to you in writing that your mattress specifically is firm (rather than relying on their comments on another mattress)?

pinkshoes

SuperHan wrote: »

Argos have advertised the product incorrectly. Of course this is what they should do.


I usually come down on the side of the retailer, but they legally cannot describe something incorrectly and then have no recourse.


It'd be different if the manufacturer agreed that it was a "Medium" mattress adn it was just the OP that didn't like that. In fact, the manufacturer have said it is "Firm".


OP - did you buy online or in store? Could you get Silent Night to confirm to you in writing that your mattress specifically is firm (rather than relying on their comments on another mattress)?

"Firmness" is also subjective, so as with any mattress you are advised to try it in its wrapping before using it, and should NEVER rely on a package description.

Because the OP has used it, this will no doubt be seen as acceptance as they should have checked its firmness before unwrapping it.

OP - I would get yourself a mattress topper to soften it a bit.

seashore22

pinkshoes wrote: »

"Firmness" is also subjective, so as with any mattress you are advised to try it in its wrapping before using it, and should NEVER rely on a package description.

Because the OP has used it, this will no doubt be seen as acceptance as they should have checked its firmness before unwrapping it.

OP - I would get yourself a mattress topper to soften it a bit.

Agree with this.

I think it's a terrible idea to buy a bed online without trying it out in store first.

As I said in my previous post we ended up with a bed that was slightly too firm for us and that was with trying it out first in the store.

At least you can make a firm bed softer. It's incredibly hard to make a soft bed firmer.

maaa242

I have confirmation from silent night team confirming it's firm mattress in writing.

I wouldn't say anything if silent night said it it's medium.
I wouldn't expect argos to replace or do anything in this matter as it was my own fault.

unholyangel

Acceptance isn't a thing under CRA - you have a blanket 30 days. Even under SoGA, accepting the goods could not occur when goods had been delivered (without the consumer previously examining them) until the consumer had a reasonable opportunity to assess whether they conform to contract. And even if you had accepted them, the only thing you lost was the right to insist on a refund - the retailer still had a duty to remedy the non-conformity.

Plus argos provide a mattress buying guide in which they provide guidelines for different firmness with medium being under 10 stone, medium/firm being 10-13 stone, firm 13-16 stone and extra firm 16+ stone.

I'd try argos again and be a bit firmer (pun?) with them about the goods not conforming to contract/matching their description - getting past their first line customer services preferably given that they're prone to not understanding consumer rights as they'll typically only be trained in company policy so you tend to get a "policy says no" response from them.

In future, I'd advise against buying a mattress online and would recommend going to a bed store where you can try various mattresses out.

Fosterdog

unholyangel wrote: »

Acceptance isn't a thing under CRA - you have a blanket 30 days. Even under SoGA, accepting the goods could not occur when goods had been delivered (without the consumer previously examining them) until the consumer had a reasonable opportunity to assess whether they conform to contract. And even if you had accepted them, the only thing you lost was the right to insist on a refund - the retailer still had a duty to remedy the non-conformity.

Plus argos provide a mattress buying guide in which they provide guidelines for different firmness with medium being under 10 stone, medium/firm being 10-13 stone, firm 13-16 stone and extra firm 16+ stone.

I'd try argos again and be a bit firmer (pun?) with them about the goods not conforming to contract/matching their description - getting past their first line customer services preferably given that they're prone to not understanding consumer rights as they'll typically only be trained in company policy so you tend to get a "policy says no" response from them.

In future, I'd advise against buying a mattress online and would recommend going to a bed store where you can try various mattresses out.

The only thing with all of that is that Argos did describe this mattress as firm, they just happened to also describe it as medium but the words firm comfort come immediately before the words medium support so the time to confirm should have been before purchase

unholyangel

Fosterdog wrote: »

The only thing with all of that is that Argos did describe this mattress as firm, they just happened to also describe it as medium but the words firm comfort come immediately before the words medium support so the time to confirm should have been before purchase

But they also described it as medium feel.

Under CRA, any information provided by the trader about the characteristics of the goods (among other things) is to be treated as included as a term of the contract. So that then means we have 2 terms that contradict one another and create uncertainty/ambiguity. Generally where terms contradict one another or a term creates ambiguity, the courts will favour the interpretation which is most favourable to the consumer (the party who didn't draft the contract).