Returning an online mattress because the firmness doesn't match the online description

PollySouthend

Hi,
I bought a mattress online, it was supposed to be the replacement to my last one and rated firm on the website. Once it arrives it's pretty soft and not firm at all and I see that other sites list it as medium - firm.
Obviously this is subjective but I've never known a firm mattress give as much as this.

I haven't taken it out of the packet and want to return it. The seller says it's at my cost as they stand by their rating as they claim to sell a lot of this to very happy customers.
Firstly I can't find anywhere to send it back? Is there somewhere that will do it? All the online parcel sending things reject it due to the size so could it cost a fortune to return? Also should I be organising and paying for the return if the item doesn't match the description?

The store will let me exchange it for another one after I've had it for 30 days free and collect the current one. But then I guess I'm really stuck with it and without any distance selling rules to protect me?

Any advice would be great

Thanks so much

Aylesbury_Duck

The distance selling rules are protecting you.  As I understand them, if the item isn't faulty or mis-described (and it sounds like this is subjective in your case) then the retailer will only pay for return postage if that's in their terms or if their terms don't say anything at all about the cost of returns.

When the retailer says they'll exchange it free of charge after 30 days, do they mean for exactly the same model, or can you swap to a different mattress? If you can change, I'd wait it out and do so.  Otherwise you are looking for a courier.  I'd suggest a "man with a van" solution.

The alternative is a lot of back and forth trying to prove it's mis-described, which may or may not be successful.

neilmcl

Did the seller provide the necessary information on who pays for returning the mattress back to them prior to completing the contract?

They also have to provide information regarding the cost of returning the item if it's one that cannot normally be delivered by post, such as in your case a mattress.

Without the above then they mist bear the responsibility and cost of the return under the terms of the CCRs.

PollySouthend

Aylesbury_Duck said:

The distance selling rules are protecting you.  As I understand them, if the item isn't faulty or mis-described (and it sounds like this is subjective in your case) then the retailer will only pay for return postage if that's in their terms or if their terms don't say anything at all about the cost of returns.

When the retailer says they'll exchange it free of charge after 30 days, do they mean for exactly the same model, or can you swap to a different mattress? If you can change, I'd wait it out and do so.  Otherwise you are looking for a courier.  I'd suggest a "man with a van" solution.

The alternative is a lot of back and forth trying to prove it's mis-described, which may or may not be successful.

Thanks, they say nothing in their terms about who pays for returns.
It's over 200 miles away so a man with a van will probably cost a huge amount for a £540 mattress.
I can swap it,but the new one might be worse and then I'll have no distance selling protection after waiting for 30 days.
I paid via PayPal, could a dispute resolution there be more successful? The woman replying to me will not give any leway

PollySouthend

neilmcl said:

Did the seller provide the necessary information on who pays for returning the mattress back to them prior to completing the contract?

They also have to provide information regarding the cost of returning the item if it's one that cannot normally be delivered by post, such as in your case a mattress.

Without the above then they mist bear the responsibility and cost of the return under the terms of the CCRs.

Ah thanks so much, they didn't provide any information on returns other than an address and tell the courier your phone number.
It does seem like a boobie trap as they have their buisness deal with a delivery company to deliver across the country, the same vans must go near my house (I watched the live location and a handful others were delivered by the delivery people a few miles away) but as a consumer I don't have access to that company to send it back at a reasonable price.
Do you have a link to the terms of the terms of the CCRs? Thanks for such a useful post

neilmcl

https://www.legislation.gov.uk/uksi/2013/3134/contents/made - section 35 and Schedule 2, paragraph (m).

Who is the retailer?

Supersonos

PollySouthend said:

Aylesbury_Duck said:

The distance selling rules are protecting you.  As I understand them, if the item isn't faulty or mis-described (and it sounds like this is subjective in your case) then the retailer will only pay for return postage if that's in their terms or if their terms don't say anything at all about the cost of returns.

When the retailer says they'll exchange it free of charge after 30 days, do they mean for exactly the same model, or can you swap to a different mattress? If you can change, I'd wait it out and do so.  Otherwise you are looking for a courier.  I'd suggest a "man with a van" solution.

The alternative is a lot of back and forth trying to prove it's mis-described, which may or may not be successful.

Thanks, they say nothing in their terms about who pays for returns.
It's over 200 miles away so a man with a van will probably cost a huge amount for a £540 mattress.

I've been there.  For me, this ended-up in court because the retailer refused to collect or refund my costs.

If the item can't be returned via normal post, the seller must make you aware of the cost of returning the item before you enter into the contract.  If they don't, then they are liable for the costs regardless.

So from what you've said, they have to either arrange collection at their cost or refund any costs you incur returning it to them (if they refuse to arrange collection).

the_lunatic_is_in_my_head

OP have a look here:

www.parcelmonkey.co.uk/mattresses

to see what prices are for returning.

PollySouthend

neilmcl said:

https://www.legislation.gov.uk/uksi/2013/3134/contents/made - section 35 and Schedule 2, paragraph (m).

Who is the retailer?

I probably shouldn't say yet, last time I did on here they had a Google alert set up to be notified and it didn't helpSupersonos said:

PollySouthend said:

Aylesbury_Duck said:

The distance selling rules are protecting you.  As I understand them, if the item isn't faulty or mis-described (and it sounds like this is subjective in your case) then the retailer will only pay for return postage if that's in their terms or if their terms don't say anything at all about the cost of returns.

When the retailer says they'll exchange it free of charge after 30 days, do they mean for exactly the same model, or can you swap to a different mattress? If you can change, I'd wait it out and do so.  Otherwise you are looking for a courier.  I'd suggest a "man with a van" solution.

The alternative is a lot of back and forth trying to prove it's mis-described, which may or may not be successful.

Thanks, they say nothing in their terms about who pays for returns.
It's over 200 miles away so a man with a van will probably cost a huge amount for a £540 mattress.

I've been there.  For me, this ended-up in court because the retailer refused to collect or refund my costs.

If the item can't be returned via normal post, the seller must make you aware of the cost of returning the item before you enter into the contract.  If they don't, then they are liable for the costs regardless.

So from what you've said, they have to either arrange collection at their cost or refund any costs you incur returning it to them (if they refuse to arrange collection).

Oh sorry to hear that, was it a small claims court and did you win?

the_lunatic_is_in_my_head said:

OP have a look here:

www.parcelmonkey.co.uk/mattresses

to see what prices are for returning.

Thanks, but I found that page a few days ago and it must be old as when you put in the dimensions of a mattress it rejects it