Buyers rights

the_lunatic_is_in_my_head

Moneyineptitude said:

the_lunatic_is_in_my_head said:

The legislation doesn't specifically require the product to be resell-able, only that a deduction may be made for diminished value, 

The "diminished value" will be precisely nil because of the virus. 

Seriously, would YOU purchase a "used" mattress at the moment...?

The discussion isn't about what I would do, it's about what the consumer rights legislation allows. 

The virus makes no difference to the situation, absolutely everything you buy at this current time may contain traces of the virus, yet it doesn't survive outside of a host indefinitely. 

You ask would I buy a second hand mattress, would you buy a t-shirt? That t-shirt may have been returned to a retailer after being worn by someone with Covid 19 or indeed any number of other infectious diseases. 

Whilst the idea of a "second hand" mattress may not be appealing to some their personal views are not relevant, as noted in the quoted text above, there isn't a hygiene issue with sleeping on a mattress in a hotel and that was noted as a argument for the exclusion not applying . 

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

[Deleted User]

the_lunatic_is_in_my_head said:

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

While it's perfectly acceptable for you to advise about the legalities of Consumer Rights on this board (and I applaud you for doing so), these are not normal times. 

So telling users here that they can demand uplifts or (part) refunds is neither here nor there at the moment. The fact is that the world (and therefore business) is on hold at the moment and will remain so for an extended period.   

As for hotel mattresses, I personally won't be using them for a long long time...

the_lunatic_is_in_my_head

Moneyineptitude said:

the_lunatic_is_in_my_head said:

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

While it's perfectly acceptable for you to advise about the legalities of Consumer Rights on this board (and I applaud you for doing so), these are not normal times. 

So telling users here that they can demand uplifts or (part) refunds is neither here nor there at the moment. The fact is that the world (and therefore business) is on hold at the moment and will remain so for an extended period.   

As for hotel mattresses, I personally won't be using them for a long long time...

My post was in follow up to George_Michael to provide an addition and possible correction to the consumer advice already given. 

To kindly note I didn't mention uplifts or demands nor am I passing on comment on whether people should be buying/returning items, merely on their consumer rights. If it's generally felt that those rights are neither here nor there then this board is pretty much redundant during this current time.

[Deleted User]

the_lunatic_is_in_my_head said:If it's generally felt that those rights are neither here nor there then this board is pretty much redundant during this current time.

I would agree with that assessment at this current time. 

powerful_Rogue

the_lunatic_is_in_my_head said:

Moneyineptitude said:

the_lunatic_is_in_my_head said:

The legislation doesn't specifically require the product to be resell-able, only that a deduction may be made for diminished value, 

The "diminished value" will be precisely nil because of the virus. 

Seriously, would YOU purchase a "used" mattress at the moment...?

The discussion isn't about what I would do, it's about what the consumer rights legislation allows. 

The virus makes no difference to the situation, absolutely everything you buy at this current time may contain traces of the virus, yet it doesn't survive outside of a host indefinitely. 

You ask would I buy a second hand mattress, would you buy a t-shirt? That t-shirt may have been returned to a retailer after being worn by someone with Covid 19 or indeed any number of other infectious diseases. 

Whilst the idea of a "second hand" mattress may not be appealing to some their personal views are not relevant, as noted in the quoted text above, there isn't a hygiene issue with sleeping on a mattress in a hotel and that was noted as a argument for the exclusion not applying . 

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

Clothes can be and should be washed after purchase and prior to wearing.

Hotels tend to have sheet and mattress protectors.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Moneyineptitude said:

the_lunatic_is_in_my_head said:

The legislation doesn't specifically require the product to be resell-able, only that a deduction may be made for diminished value, 

The "diminished value" will be precisely nil because of the virus. 

Seriously, would YOU purchase a "used" mattress at the moment...?

The discussion isn't about what I would do, it's about what the consumer rights legislation allows. 

The virus makes no difference to the situation, absolutely everything you buy at this current time may contain traces of the virus, yet it doesn't survive outside of a host indefinitely. 

You ask would I buy a second hand mattress, would you buy a t-shirt? That t-shirt may have been returned to a retailer after being worn by someone with Covid 19 or indeed any number of other infectious diseases. 

Whilst the idea of a "second hand" mattress may not be appealing to some their personal views are not relevant, as noted in the quoted text above, there isn't a hygiene issue with sleeping on a mattress in a hotel and that was noted as a argument for the exclusion not applying . 

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

Clothes can be and should be washed after purchase and prior to wearing.

Hotels tend to have sheet and mattress protectors.

Neither of which distract from the fact that a virus requires a host and won't survive indefinitely on an inanimate object. 

An equal concern could be applied to lampshades, pairs of shoes, rugs and carpets or curtains amongst other things. 

It appears from the above that, regardless of the stigma mattresses have attached to them, it has been decided by the European court not to be excluded them from the right to cancel under the hygiene clause. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Moneyineptitude said:

the_lunatic_is_in_my_head said:

The legislation doesn't specifically require the product to be resell-able, only that a deduction may be made for diminished value, 

The "diminished value" will be precisely nil because of the virus. 

Seriously, would YOU purchase a "used" mattress at the moment...?

The discussion isn't about what I would do, it's about what the consumer rights legislation allows. 

The virus makes no difference to the situation, absolutely everything you buy at this current time may contain traces of the virus, yet it doesn't survive outside of a host indefinitely. 

You ask would I buy a second hand mattress, would you buy a t-shirt? That t-shirt may have been returned to a retailer after being worn by someone with Covid 19 or indeed any number of other infectious diseases. 

Whilst the idea of a "second hand" mattress may not be appealing to some their personal views are not relevant, as noted in the quoted text above, there isn't a hygiene issue with sleeping on a mattress in a hotel and that was noted as a argument for the exclusion not applying . 

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

Clothes can be and should be washed after purchase and prior to wearing.

Hotels tend to have sheet and mattress protectors.

Neither of which distract from the fact that a virus requires a host and won't survive indefinitely on an inanimate object. 

An equal concern could be applied to lampshades, pairs of shoes, rugs and carpets or curtains amongst other things. 

It appears from the above that, regardless of the stigma mattresses have attached to them, it has been decided by the European court not to be excluded them from the right to cancel under the hygiene clause. 

All the retailer needs to do is accept and only give say 10% of the price back, saying the other 90% is due to it's diminished value.

mattyprice4004

The other replies have it spot on really. Why would you unwrap a mattress before checking it's the right size?! 
You'll be able to return, but expect a heavily diminished value if you do... and next time, check it's correct before you unwrap it. 

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Moneyineptitude said:

the_lunatic_is_in_my_head said:

The legislation doesn't specifically require the product to be resell-able, only that a deduction may be made for diminished value, 

The "diminished value" will be precisely nil because of the virus. 

Seriously, would YOU purchase a "used" mattress at the moment...?

The discussion isn't about what I would do, it's about what the consumer rights legislation allows. 

The virus makes no difference to the situation, absolutely everything you buy at this current time may contain traces of the virus, yet it doesn't survive outside of a host indefinitely. 

You ask would I buy a second hand mattress, would you buy a t-shirt? That t-shirt may have been returned to a retailer after being worn by someone with Covid 19 or indeed any number of other infectious diseases. 

Whilst the idea of a "second hand" mattress may not be appealing to some their personal views are not relevant, as noted in the quoted text above, there isn't a hygiene issue with sleeping on a mattress in a hotel and that was noted as a argument for the exclusion not applying . 

(Hotels are now closed but when they reopen there will likely have been someone with the virus who slept in a bed yet they aren't going to burn all the mattresses).

Clothes can be and should be washed after purchase and prior to wearing.

Hotels tend to have sheet and mattress protectors.

Neither of which distract from the fact that a virus requires a host and won't survive indefinitely on an inanimate object. 

An equal concern could be applied to lampshades, pairs of shoes, rugs and carpets or curtains amongst other things. 

It appears from the above that, regardless of the stigma mattresses have attached to them, it has been decided by the European court not to be excluded them from the right to cancel under the hygiene clause. 

All the retailer needs to do is accept and only give say 10% of the price back, saying the other 90% is due to it's diminished value.

If the consumer takes the effort to see it through to small claims then the process may decide otherwise.

Simply removing a mattress from a cellophane bag doesn't diminish it's value to that extent, the above implies it should be viewed in the same way as removing any other product from it's packaging for which a 90% deduction would most likely been viewed as excessive. 

You'll note the OP states they opened it and then put it straight back in the packaging, taking this at it's word the actual product is pristine. 

[Deleted User]

the_lunatic_is_in_my_head said:

If the consumer takes the effort to see it through to small claims then the process may decide otherwise.

Do you really think a Court (at some unspecified time in the future) will find in favour of a customer who failed to practice any due diligence before purchasing an item that could potentially have posed a health risk during a National Pandemic? 

At the moment, the retailer won't accept it back at all so it's worth nothing in terms of a refund. Perhaps the retailer may accept a return after a suitable period, but I would still expect only a small partial refund to be offered given that it can no longer be sold as new. 

These really are "interesting" times...