Paying to return an item not fit for purpose

unholyangel

maceyratbags said:

unholyangel said:

Send them a letter before action, quoting the relevant sections of the CRA & CCRs that you intend to rely on? 

Sorry, I’m not very legal savvy, is that consumer rights?

Consumer Rights Act & Consumer Contracts (Information, Cancellation & Additional Charges) Regulations. 

Supersonos

JJ_Egan said:

No you dont pay return postage under your Consumer Right as they are returned as faulty .

What makes you say they're faulty?  The OP made no mention of any faults.

However, I suspect the OP found an incredibly cheap mattress from an online company they'd never heard of and is now surprised the mattress is of such poor quality.

photome

I am not convinced they are faulty,  if they were £100 each as suggested by the OP , that is very cheap for a mattress, having said that if the sprigs really are poking through ( any pics) that’s a different story or if they claim the memory foam is a certain thickness

JJ_Egan

Supersonos said:

JJ_Egan said:

No you dont pay return postage under your Consumer Right as they are returned as faulty .

What makes you say they're faulty?  The OP made no mention of any faults.

However, I suspect the OP found an incredibly cheap mattress from an online company they'd never heard of and is now surprised the mattress is of such poor quality.

springs pinging out all over

Supersonos

JJ_Egan said:

Supersonos said:

JJ_Egan said:

No you dont pay return postage under your Consumer Right as they are returned as faulty .

What makes you say they're faulty?  The OP made no mention of any faults.

However, I suspect the OP found an incredibly cheap mattress from an online company they'd never heard of and is now surprised the mattress is of such poor quality.

springs pinging out all over

I didn't take that as a literal comment.  If the springs have actually torn through the material, then it's faulty, but if they can simply be felt through the thin memory foam layer, that's a different matter.

I think the OP has paid a very small amount for the mattress and is simply disappointed at the quality.  I'd be careful threatening small claims court if the goods are as described, fit for purpose and not faulty.

Fosterdog

That mattress looks very similar to a very cheap and basic one we bought as a replacement for our spare bedroom, I think it was around the £100-£125 mark for a double a couple of years ago but when I bought It that is about the quality I expected from that price, considering our own mattress set us back around the £1000 mark. I would never buy it as a mattress to be slept on nightly but as a spare room one that gets used maybe 50 nights a year it does the job. We will probably look to replacing it again in the next year or two with something better but at the time we needed one quite urgently.

 If it meets the description and the springs are not actually poking through can just be felt under the layer of memory foam (and the memory foam meets the advertised thickness) then it is fit for purpose.

maceyratbags

The mattress were £115 ea and I purchased two. Irrespective of the price paid I expected the items to be as described which they are not. They claim to offer “spinal support with memory foam that moulds to the contours of your body and helps to reduce pressure point discomfort”.

https://www.mattressnextday.co.uk/kayflex-windsor-memory-mattress?option=2

I have doubts they would last a few months. Regarding the springs pinging, this is the made with reference to the sound they make when weight is pressed on to them. 

The supplier is claiming they have to seek their manufacturers guidance but my contract as a consumer is with the supplier surely? 

To reiterate, it is the expectance that I should pay for their return that I am disputing. Whether or not they would refund once received is another matter.

wesleyad

The problem you have is you are trying to return under not as described, but the description is vague "offers spinal support"  can mean anything. The second problem is the price. If it went to court you would have to show that for the price the product was not fit for purpose, and unfortunately at that price you will struggle. They do have half decent reviews for mattresses so clearly some people are happy at that price point.

You might just have to send an LBA and hope they cave rather than bother with court 

photome

maceyratbags said:

The mattress were £115 ea and I purchased two. Irrespective of the price paid I expected the items to be as described which they are not. They claim to offer “spinal support with memory foam that moulds to the contours of your body and helps to reduce pressure point discomfort”.

https://www.mattressnextday.co.uk/kayflex-windsor-memory-mattress?option=2

I have doubts they would last a few months. Regarding the springs pinging, this is the made with reference to the sound they make when weight is pressed on to them. 

The supplier is claiming they have to seek their manufacturers guidance but my contract as a consumer is with the supplier surely? 

To reiterate, it is the expectance that I should pay for their return that I am disputing. Whether or not they would refund once received is another matter.

They do offer support and they have memory foam and coil springs, they don’t say how much support ( subjective) and they don’t list the spring count ( decent brands do)  or how deep the foam is, not sure how you can say they are not as described.

they are cheap mattresses and if there isn’t a fault then you would need to pay to return them , in hindsight maybe you should have bought one as a trial.


if you cause enough fuss and or send a LBA you may get them to back down