Dreams mattress error

Starship99

Hi all,

New to this so please bear with me. Husband and I purchased a new Tempur cloud supreme mattress from Dreams last September (I know!). Decided it wasn't soft enough so took advantage of their 40 night trial and in October exchanged it for the next one up, the cloud elite (paid extra £200 plus delivery). Still weren't happy with it (this time too soft) but accepted we had already had our opportunity to exchange so got on with it. Eventually after much lower back pain for me I persuaded him we should by a new mattress (not from Dreams). The new one arrived today, and when I took the mattress protector off the Tempur I noticed they had sent the wrong mattress back in October. They had sent the most expensive one, the cloud luxe instead of the cloud elite. So what are my rights? Will they tell me I should have noticed the error when I first took delivery and use that as an excuse to do nothing, or will they offer an exchange, or should I argue for a refund (would be nice)?

[Deleted User]

I doubt they'd accept a return after all this time. They could just send an invoice for any extra cost the mattress they actually sent would cost.

meer53

So you got a more expensive mattress than you'd paid for and you're wanting a refund or exchange ? Why are you contacting them if it's too late to exchange it now ? I don't understand your question.

unholyangel

deannatrois wrote: »

I doubt they'd accept a return after all this time. They could just send an invoice for any extra cost the mattress they actually sent would cost.

No, they can't.

OP, you won't be entitled to a refund but technically you are entitled to have goods that conform to the contract you agreed (repair isn't available so it would be a replacement). However we have no idea what they'll say so really, you should contact them first and see what their response is.

shaun_from_Africa

meer53 wrote: »

So you got a more expensive mattress than you'd paid for and you're wanting a refund or exchange ?

More expensive doesn't necessarily mean that it will be of better quality or suitable for the purchaser.
If the OP tried a mattress in store and picked one with a firmness that they liked, the more expensive one that was delivered may have been firmer than the one they tested.

Starship99

Yes we did get the more expensive one, but more expensive doesn't mean right, the one we tried in store was the right level of firmness and this one too soft. So I think my question is legit.

Starship99

meer53 wrote: »

So you got a more expensive mattress than you'd paid for and you're wanting a refund or exchange ? Why are you contacting them if it's too late to exchange it now ? I don't understand your question.

Because I don't want this one, it's too soft and is causing back and neck pain. I would like the one we ordered.

takman

Starship99 wrote: »

Yes we did get the more expensive one, but more expensive doesn't mean right, the one we tried in store was the right level of firmness and this one too soft. So I think my question is legit.

So you didn't think "this mattress is alot soften than I remember in store I better check it's the right one as I havn't looked at the label yet". I don't think you will get anywhere because it's unreasonable to not notice it's wrong when you have had it so long and it's clearly written on the label.

Starship99

takman wrote: »

So you didn't think "this mattress is alot soften than I remember in store I better check it's the right one as I havn't looked at the label yet". I don't think you will get anywhere because it's unreasonable to not notice it's wrong when you have had it so long and it's clearly written on the label.

Fair point, although the label isn't obvious, and it didn't occur to me it was the wrong mattress, just assumed we'd made an error in our choice. It's funny we did a lot of research afterwards about how memory foam mattresses adapt over time, kept waiting for it to feel 'right'. Won't make that mistake again!!

unholyangel

takman wrote: »

So you didn't think "this mattress is alot soften than I remember in store I better check it's the right one as I havn't looked at the label yet". I don't think you will get anywhere because it's unreasonable to not notice it's wrong when you have had it so long and it's clearly written on the label.

Whether you think its unreasonable or not, they're entitled to goods that conform to contract.

Even under SoGA - which would deem the goods to have been accepted if a reasonable time passed without the consumer rejecting them - the retailer remained liable to provide a remedy if the goods didn't conform to contract.

Starship99

unholyangel wrote: »

Whether you think its unreasonable or not, they're entitled to goods that conform to contract.

Even under SoGA - which would deem the goods to have been accepted if a reasonable time passed without the consumer rejecting them - the retailer remained liable to provide a remedy if the goods didn't conform to contract.

What about chargeback? We paid by credit card..