Mattress return

Aylesbury_Duck

Overreaction, much?

No one accused you of fraud. It was simply pointed out that to deny you’d tried the mattress in store in any claim you make would be fraudulent. That’s good advice.

gregch

Labsuper wrote: »

...or the one in the showroom has softened in use by customers?

Well, no - between showroom visits the shop floor examples were replaced with brand new ones. They felt slightly firmer, as you'd expect, but nothing like the absolute night and day difference of the one that's been delivered.

But at least your post was a perfectly reasonable and sensible suggestion, rather than an accusation of fraud - so thanks!!

gregch

Aylesbury_Duck wrote: »

Overreaction, much?

No one accused you of fraud. It was simply pointed out that to deny you’d tried the mattress in store in any claim you make would be fraudulent. That’s good advice.

Who suggested denying I'd tried the mattress in the showroom?? I certainly didn't. In fact it would be somewhat difficult for me to complain that the mattress isn't the same as the one I'd tried, while also claiming that I hadn't tried it!

The point I was naively trying to clarify is that, according to MSE's guidance, if the trial of goods in the store wasn't noted as part of the contract of sale the distance selling regulations would seemingly, according to MSE, still apply. And bear in mind the goods I tried in the showroom ARE NOT THE SAME GOODS as I purchased and were delivered to me.

I believe the distinction is this:

If I visited a shop, and tried out a product in the shop, then went home and phoned the shop and purchased the very product I'd just tried in the shop, and the shop posted it to me, then of course distance selling regulations do not apply.

But - if I try a product in a company's showroom, then I call the company and order another example of that product but which is sent directly from the factory, it's not the actual product I tried. So it seemed to me that the distance selling regulations would apply.

Clearly I am wrong, as so many people on here are keen to point out as aggressively and unpleasantly as possible - including an accusation of fraud. I don't think it's overreacting to not take kindly to be accused of fraud when I have done nothing but pay a lot of money for a product that isn't as tried or described and I just wanted to know if I had to option, as a last resort, to reject it.

Aylesbury_Duck

Blimey.

You seem to have all the answers and don’t want to hear anything that conflicts.

You’ve made your (uncomfortable) bed, now you can lie in it. And that’s lie in the sense of lying down. I wouldn’t want you to think I’m accusing you of not telling the truth.

gregch

Aylesbury_Duck wrote: »

Blimey.

You seem to have all the answers and don’t want to hear anything that conflicts.

You’ve made your (uncomfortable) bed, now you can lie in it. And that’s lie in the sense of lying down. I wouldn’t want you to think I’m accusing you of not telling the truth.

Oh, you're hilarious, you. Well done.

bris

gregch wrote: »

If I visited a shop, and tried out a product in the shop, then went home and phoned the shop and purchased the very product I'd just tried in the shop, and the shop posted it to me, then of course distance selling regulations do not apply.

But - if I try a product in a company's showroom, then I call the company and order another example of that product but which is sent directly from the factory, it's not the actual product I tried. So it seemed to me that the distance selling regulations would apply.

No, you are confusing two separate laws.
You have no distance selling rights because you visited the showroom, that's a fact.


What you have is breach of contract, you need to use that if you can prove it.


The other problem you have with the distance sale rights you think you have is the fact it's a mattress, you would have unsealed it so the regulations state that for hygiene reasons they don't need to refund anyway, or at least deduct that refund of up to 100% so either way use the breach of contract.