John Lewis won't refund mattress purchased online

elsien

DollyTheSheep wrote: »

Why has no-one mentioned "Distance Selling Regulations" that pretty much cover anything bought online?

https://en.wikipedia.org/wiki/Consumer_Protection_(Distance_Selling)_Regulations_2000

Mattresses are not exempt from this as far as I am aware - all these online mattresses offer a trial periods such as Simba, Emma, Leesa and Casper.

You should have the right to return it if you contact them via email within 14 days of receiving it. Pretty bad service from John Lewis, very surprising. If no joy with that, go to your credit card company who are jointly liable and state it is "not as described"

Probably because the Distance Selling Regulations haven't applied since 2014.
I believe the relevant legislation was covered in an earlier post.

DollyTheSheep

elsien wrote: »

Probably because the Distance Selling Regulations haven't applied since 2014.
I believe the relevant legislation was covered in an earlier post.

Fair dos, wasn't aware of that. The replacement legisliation loks very similar though with the 14 day cancellation. I wouldn't regard the plastic cover on a mattress a health protection, more to stop the mattress getting damaged. No different from a dressing gown coming in plastic packaging an you trying it and returning it.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

neilmcl

DollyTheSheep wrote: »

Fair dos, wasn't aware of that. The replacement legisliation loks very similar though with the 14 day cancellation. I wouldn't regard the plastic cover on a mattress a health protection, more to stop the mattress getting damaged. No different from a dressing gown coming in plastic packaging an you trying it and returning it.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Whilst I agree it's not grounds for cancellation due to hygiene issues but there's big difference between trying on a dressing gown and having a night's sleep in a mattress. Which is why I've said the OP is entitled to cancel and return the mattress but the retailer also is legally allowed to reduce any refund to reflect the clear diminished value.

meer53

Surely a couple of nights sleeping on a sealed mattress wouldn't be too much of a problem ? At least you'd have an idea of whether it was suitable or not ?
I bought a Simba mattress after trying it out at John Lewis, the salesperson at JL wasn't interested in the slightest in selling me one (they were busy chatting to another salesperson about a night out) so I went home and ordered it direct from Simba, fantastic customer service and after 2 years I would never give my Simba up ! They allow you to sleep on theirs for 100 nights before deciding whether you want to keep it too.

Mr_Singleton

Wiseguy wrote: »

Fortunately, the OP is in luck. The Court of Justice of the Euorpean Union has decided on this point last month in slew v Ledowski Case C-681/17, upholding the opinion of the Attorney General that mattresses which have the protective seal removed following delivery does not prevent the consumer from exercising their right of withdrawal.

The law is an !!! then.

Mr_Singleton

Wiseguy wrote: »

If let's say the mattress has been tested for 10 minutes and the consumer returns it, the trader could (presumably as a matter of practice) give the mattress a clean before selling it for the full price.

As I’m sure your aware people’s standards where hygiene is concerned is somewhat variable.

Some people think it perfectly OK to only launder there bed linen every 8 weeks or so. Maybe that person might transfer there grubby unwashed for 6 weeks bed linen to the new mattress. Maybe they feel that a shower/bath is only needed every 7 to 10 days. It’s perfectly normal for people to sleep naked. Maybe they have a dose of ringworm in the groin area.... the wedding tackle might come into contact with mattress. Or maybe they have athletes foot not to mention possibly bed bugs and/or lice etc. Maybe they wanted to ‘christen’ the their brand new mattress...... pesky bodily fluids!

Now, would you be prepared to buy that mattress knowing that it came from the above household because the retailer claimed it had only been used for 1 night but ‘cleaned’?

Yup, I kinda feel nauseated now!

Pootle1

A quick addendum to this post - John Lewis contacted me by telephone and gave me a full refund. They collected the mattress.

Aylesbury_Duck

Pootle1 wrote: »

A quick addendum to this post - John Lewis contacted me by telephone and gave me a full refund. They collected the mattress.

Make? Model?

Just want to know so I don't end up buying it!

POPPYOSCAR

Aylesbury_Duck wrote: »

Make? Model?

Just want to know so I don't end up buying it!

Presumably you never sleep on a hotel bed. only on your own!

Aylesbury_Duck

POPPYOSCAR wrote: »

Presumably you never sleep on a hotel bed. only on your own!

Normally with my wife actually

Sleeping in a hotel bed is a bit different from buying someone else's used mattress. The former is unavoidable, the latter is not.