John Lewis won't refund mattress purchased online

Pootle1

I bought a "firm" orthopedic mattress online from John Lewis. I didn't try it out in a store. I slept on it for one night and it is NOT firm, so the next day I phoned and asked for a refund but John Lewis refused, saying that I had used it, and I should have tried it instore.

Matresses are not excluded items under the Comsumer Rights Act 2015. Surely they are legally obliged to refund?

UPDATE 17th April: John Lewis contacted me by telephone and gave me a full refund. They collected the mattress.

elsien

You can return it if unused and in its original packaging. Yours is neither.

It is in their terms and conditions.

shaun_from_Africa

Pootle1 wrote: »

Matresses are not excluded items under the Comsumer Rights Act 2015. Surely they are legally obliged to refund?

But provided the mattress came in a sealed bag and this bag was removed by you, they are excluded from the right of return under the Consumer contract regulations.

http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

as most reasonable people would consider a used mattress to be a hygiene concern even if only used for one night.

Pootle1

OK, thanks for the advice. It's impossible to sleep on a sealed mattress, the noise from the stiff plastic packing would keep me awake.

Aylesbury_Duck

Pootle1 wrote: »

OK, thanks for the advice. It's impossible to sleep on a sealed mattress, the noise from the stiff plastic packing would keep me awake.

That may be the case, but how comfortable would you feel sleeping on a used mattress you'd paid full price for?

Pootle1

Aylesbury_Duck wrote: »

That may be the case, but how comfortable would you feel sleeping on a used mattress you'd paid full price for?

If it was resealed, how would I know? What happens when clothing is returned to ASOS, Amazon etc? It's no different.

hollydays

It's bodily fluids were talking about.

Aylesbury_Duck

Pootle1 wrote: »

If it was resealed, how would I know? What happens when clothing is returned to ASOS, Amazon etc? It's no different.

It's quite different, as you have discovered.

elsien

Have you ever tried returning a pair of used pants?

deethebee

Pootle1 wrote: »

Matresses are not excluded items under the Comsumer Rights Act 2015. Surely they are legally obliged to refund?

This is where it's a shame because, whilst they are actually excluded due to hygiene reasons there are companies out there that offer refunds on mattresses. Simba for example, offer a 100 night trial of theirs and will give you a full refund if you decide you're not happy with it within that time. It's always best to check terms and conditions before you buy something in case you can't return if you're unhappy. There's not much that can be done unfortunately, unless you hound John Lewis and try to reason with them and hope they will be generous and understand where you're coming from.

LilElvis

Have you got a slatted, orthopaedic base or have you just placed the mattress on top of an old divan? If you want an orthopaedic bed then you need to buy both bed and mattress - and they're not cheap. I've got a Hulsta slatted bed and mattress and they're still fantastic after nearly 15 years. My parents have one too - the base is a year younger than me, and I'm 52. A bed is a very personal choice and, given the percentage of your life you spend in it, it's a purchase that doesn't necessarily suit online shopping and relying on the reviews of others, as you've unfortunately found.