Mamas and Papas - return policy

L_Jones89

Hi guys

Just looking for some advice please....
I recently ordered a mattress from the Mamas and Papas website, when it arrived I took it out the packaging so I could feel it and make sure it was all ok for my baby, however it was far too hard so I put it straight back in the packaging and took it to store to exchange it (I originally ordered online as I don't drive and being heavily pregnant find it difficult to travel now). When I got there I was told that because I'd removed it from the packaging I couldn't return it. Now, I always make sure I read up on things like this and nowhere on the website or on the packaging itself does it state that removing it will then mean you can't return it - even just to swap it! I fully understand not being able to return underwear for hygiene reasons and they come with stickers stating removal of the sticker means you cannot return the item but a mattress?! I contacted Mamas and Papas via email and their response was "you could've tested it out in store before purchasing" Well excuse me, but I thought the whole point of online shopping was for ease and convenience if you cannot get to a store easily?
Since buying this product, I have read numerous negative comments about this company and I only wish I'd read them beforehand! Can someone's please give me some advice on this as this surely cannot be correct?
I order a lot of things online and websites do state in order to return an item they need to be in their original packaging, but you should be allowed to take something out of it in order to feel it and check it's suitable. I have never had issues like this with any other company before!
Please help?

Tiddlywinks

Did you have to open the packaging to see how firm it was? Plastic isn't normally that thick.

Would you want to buy a mattress described as new where the packaging has obviously been opened and resealed?

The Consumer Contracts Regulations allow for the goods to be inspected to the extent they would be if in a shop.... so, you wouldn't be able to open sealed packaging in a shop so why do you think you should be able to do that with mail order goods?

kazzah

I know someone better qualified than me will come along but as you bought it online you have the right to return it for a refund - you may need to return it back to the online supplier- this is from the governments website;
Online, mail and phone order sales. Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren't faulty. Sales of this kind are known as 'distance selling'. ... You must refund the customer within 14 days of receiving the goods back.

as the mattress hasn't been used they could simply repackage it for sale - i suspect you would need to stress the correct rights of return when sending it back and of course ensure you get proof of delivery

hollydays

Re the above.
If this is true the op will have to pay the carriage.

soolin

kazzah wrote: »

I know someone better qualified than me will come along but as you bought it online you have the right to return it for a refund - you may need to return it back to the online supplier- this is from the governments website;
Online, mail and phone order sales. Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren't faulty. Sales of this kind are known as 'distance selling'. ... You must refund the customer within 14 days of receiving the goods back.

as the mattress hasn't been used they could simply repackage it for sale - i suspect you would need to stress the correct rights of return when sending it back and of course ensure you get proof of delivery

Whilst there is a right of return tiddlywinks post explains the requirement for the condition of the return.

kazzah

When you don!!!8217;t have to offer a refund
You don!!!8217;t have to refund a customer if they:

knew an item was faulty when they bought it
damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
no longer want an item (eg because it!!!8217;s the wrong size or colour) unless they bought it without seeing it
You have to offer a refund for certain items only if they!!!8217;re faulty, such as:

personalised items and custom-made items, eg curtains
perishable items, eg frozen food or flowers
newspapers and magazines
unwrapped CDs, DVDs and computer software

kazzah

just checked their T&C's about online purchases and this is what they state;
YOUR RIGHT TO CANCEL UNDER DISTANCE SELLING
RIGHT TO CANCEL
Where you purchase a product or a number of products together from our website or through our Customer Service team you have a right to cancel this contract within 14 calendar days after the date on which the product(s) was (were) collected by you in store or delivered to you by Mamas & Papas.

Where multiple items form part of the same order but have been delivered separately, your right to cancel starts 14 calendar days after the date on which the last product(s) was (were) collected by you in store or delivered to you by Mamas & Papas.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). Please notify us, in writing, by post to; Customer Service, Mamas & Papas (Retail) Limited, Colne Bridge Road, Huddersfield, HD5 0RH.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

This right does not apply to any personalised product(s), to any product(s) which have been made or adapted to your requirements, to any product(s) which cannot be returned for hygiene reasons such as toiletries, underwear or swimwear, or to any products you purchase in store.

it makes no mention of mattresses and they only refer to items being in a resaleable condition in their general T&C's - it would be very easy for them to repackage the mattress into new plastic and re-sell so they are being awkward for awkward;s sake I believe

hollydays

The op would always have to pay the return carriage.

bris

kazzah wrote: »

to any product(s) which cannot be returned for hygiene reasons such as toiletries, underwear or swimwear, or to any products you purchase in store.

it makes no mention of mattresses

Such as is a general term, the list is an example, it's not going to list everything is it. It's pretty well known on here that unsealed mattresses are excluded for hygiene reasons in most places.


I wouldn't be buying a mattress that has been unsealed whether it's been used or not as we simply can't know if it has or not. A discount wouldn't make me change my mind.