How to get refund on new mattress - help pls!

Smithfield1

I'd appreciate some advice on how to go about getting a refund on a new mattress.
It isn't visibly damaged but we do not feel it's fit for purpose as it is so firm that it's causing blood circulation to be cut off at night, leading to pins and needles and neck pain.
It's from a privately run shop, where we tried it in person. We then ordered it over the phone, first paying a deposit by debit card. When it was manufactured, we paid the balance by credit card. We collected it 7 days ago and during this time have found it to be terribly uncomfortable and not what was expected.

Given the information above, what's the best course of action? The retailer provided no forms, no emailed contract or Ts&Cs - it was all very casual. I've phoned CAB and they said my credit card company should protect me; failing that, we are entitled to rights under our 'short term right to reject', which I think is possible due to the lack of any paperwork when we made our agreement to buy it.

I'm nervous though because when I phoned the shop they said there's nothing we can do - it's been unwrapped and slept on. I really need some help! Thanks

marliepanda

I'm not sure theres anything you can do with a non faulty item that you tried in store.

neilmcl

I'm afraid you have no right to return in what is in effect a change of mind. The mattress is perfectly fit for purpose, you simply chose the wrong one, your mistake I'm afraid.

ssparks2003

I agree with the others. You tried it in the shop and now you are complaining. Unless the shop offers some fore of return policy by which you could return it you are now stuck with it.

LilElvis

Smithfield1 wrote: »

I'd appreciate some advice on how to go about getting a refund on a new mattress.
It isn't visibly damaged but we do not feel it's fit for purpose as it is so firm that it's causing blood circulation to be cut off at night, leading to pins and needles and neck pain.
It's from a privately run shop, where we tried it in person. We then ordered it over the phone, first paying a deposit by debit card. When it was manufactured, we paid the balance by credit card. We collected it 7 days ago and during this time have found it to be terribly uncomfortable and not what was expected.

Given the information above, what's the best course of action? The retailer provided no forms, no emailed contract or Ts&Cs - it was all very casual. I've phoned CAB and they said my credit card company should protect me; failing that, we are entitled to rights under our 'short term right to reject', which I think is possible due to the lack of any paperwork when we made our agreement to buy it.

I'm nervous though because when I phoned the shop they said there's nothing we can do - it's been unwrapped and slept on. I really need some help! Thanks

CAB have misinformed you as the short term right to reject is for sales made at a distance and, though you made payment by phone, the fact that you initially visited the store to choose your mattress means that it does not qualify as a distance sale.

Sorry, but as the mattress isn't faulty, just not to your liking, then the shop is correct and they aren't legally obliged to do anything. Should you initiate a charge back to your credit card then it will simply end up being reversed back onto your card when the shop explains the circumstances of the sale.

Gavin83

Smithfield1 wrote: »

I'd appreciate some advice on how to go about getting a refund on a new mattress.
It isn't visibly damaged but we do not feel it's fit for purpose as it is so firm that it's causing blood circulation to be cut off at night, leading to pins and needles and neck pain.

You could sleep on a stone floor and not suffer pins and needles. This'll have nothing to do with the firmness of the mattress. Also neck pain is much more likely to be caused by your pillows than your mattress.

I agree with the others, you've no comeback with the store. If you really can't live with the mattress your best bet is to sell it on ebay. However it's worth giving it a few weeks, you'll find it'll soften.

Did you not try it in store?

pinkshoes

Smithfield1 wrote: »

I'd appreciate some advice on how to go about getting a refund on a new mattress.
It isn't visibly damaged but we do not feel it's fit for purpose as it is so firm that it's causing blood circulation to be cut off at night, leading to pins and needles and neck pain.
It's from a privately run shop, where we tried it in person. We then ordered it over the phone, first paying a deposit by debit card. When it was manufactured, we paid the balance by credit card. We collected it 7 days ago and during this time have found it to be terribly uncomfortable and not what was expected.

Given the information above, what's the best course of action? The retailer provided no forms, no emailed contract or Ts&Cs - it was all very casual. I've phoned CAB and they said my credit card company should protect me; failing that, we are entitled to rights under our 'short term right to reject', which I think is possible due to the lack of any paperwork when we made our agreement to buy it.

I'm nervous though because when I phoned the shop they said there's nothing we can do - it's been unwrapped and slept on. I really need some help! Thanks

As the others have said, you have been mis-informed.

The mattress is not faulty. It is just not to your liking. You have no rights to a refund.

All you can do is sell it on then buy a different one.

jackieblack

A mattress topper might make it feel more comfortable

Fosterdog

LilElvis wrote: »

CAB have misinformed you as the short term right to reject is for sales made at a distance and, though you made payment by phone, the fact that you initially visited the store to choose your mattress means that it does not qualify as a distance sale

The short term right to reject applies to in store purchases too, it's part of the CRA and not the CCRs. It's the short term right to reject that gives consumers 30 days to reject but also places the burden of proof on the purchaser, it is also this that allows you to demand a refund in the first 30 days, after that a repair or replacement is an acceptable remedy.

I do agree with everyone else though that the mattress doesn't sound faulty. Comfort is very subjective.

LilElvis

Fosterdog wrote: »

The short term right to reject applies to in store purchases too, it's part of the CRA and not the CCRs. It's the short term right to reject that gives consumers 30 days to reject but also places the burden of proof on the purchaser, it is also this that allows you to demand a refund in the first 30 days, after that a repair or replacement is an acceptable remedy.

I do agree with everyone else though that the mattress doesn't sound faulty. Comfort is very subjective.

Thanks for correcting me. I'll have a re-read so I can get myself straight - though not now as I'm too hot and I've poured a glass of nice, chilled white.

soolin

I second the idea of a good mattress topper, it makes all the difference.