Nectar Sleep Mattress

dextersdad79

Evening, 
After a nightmare during the order process my mattress arrived from Nectar last Friday. The delivery driver carried it from the van and placed it straight onto my open porch. The weather was horrible with sleety snow but the box was placed straight on my porch and I immediately took it inside. I took the mattress in its box up stairs to our loft room. As I was carrying it up the stairs to the loft the bottom of the box failed and fell through resulting in the 36kg mattress tumbling down the stairs and Smashing into my newly built and plastered wall making a huge hole in it and damaging all the edges through the shock. Upon inspection the bottom of the box was totally soaked and this is why it has failed.   After numerous phonecalls that day a manager called me back and asked me to get a quotation for the repair. I have since got a quote from my plasterer today which I have emailed to the manager. He has come back to me saying he can offer a refund of the amount for the quote, however if I was to return the mattress I would not get a full refund. I would receive the full cost less the refunded amount for the damage to my property. What I am wondering before I reply to him is, because the packaging was not fit for purpose can I claim for the damage to my home and not accept this as a refund (discount) on the product I have bought. If I were to return it and get my money back I am still having to pay for damage caused to my house through no fault of my own. 
Please help me someone
Thanks

Sandtree

Ultimately it would be for a judge to decide who’s fault it was. Not thinking about the structural integrity but if I were carrying something that weighs 36kg up to my loft I know I’d have been taking it out of its box at the bottom of the stairs to save the inevitable 3kg or so the box alone will be.  I’d also be conscious of the fact I know it was stood in the wet which means the cardboard will be both heavier and weaker.

Before it gets to court its down to simple negotiation. I personally dont think its as clear cut the vender’s fault 

Aylesbury_Duck

I don't see the problem.  I think you've been fortunate that they've offered the cost of putting the damage right so quickly.  I agree with the previous poster that it's not clear that they are at fault because I think you bear at least some responsibility for the accident.  Still, that's academic because they've acted in good faith.  Why do you want to return the mattress?  Don't you want it any more?  If you plan to keep it, what's the problem? You have your mattress and the damage paid for. 

dextersdad79

Thanks for your replies, firstly I didnt know the box was wet until the bottom of it gave way. When it was delivered it was brought from the delivery van straight into my porch (dry floor). Also the box has handles that are cut into on the sides towards the top of the box so it is designed to be picked up. 
Taking it out of the box and carrying a rolled up vacuum packed mattress is harder than carrying it using the handles on the box. 
My main issue is that Neftar offer a 365 night guarantee, and if I want to return the mattress at any point in the next year I would not get a full refund for mattress. 
To me the problem is the fact that the packaging was either A: not fit for the purpose it was intended or B: (more likely) got damaged / wet during transit which has resulted in this happening.
I can not see how I can take any liability for this. I was carrying the box with the handles the box failed. Is there any part of the consumer act that covers packaging?. I'm just glad my little lad wasn't at the bottom of the stairs when it failed.
Thanks

Aylesbury_Duck

Here we go...if all else fails, mention children.

Damage has been caused, seemingly not by the quality of the packaging but by the way that packaging was handled.  Firstly by the delivery driver who got it wet and secondly by you when carrying it up stairs.  They've offered to put right the damage, presumably because they accept their part in it or just through good customer service. You don't get anything for "what might have happened".  In reality, would you have been so daft as to allow your little lad to wander around behind you on the stairs as you manhandled 36kg of mattress up them?

I think they've been good to act promptly, other retailers might have made things more difficult and yes, you do bear some responsibility because it would have been reasonable for you to have checked the integrity of the packaging before carrying it up stairs.  I suspect there might have been some advice on the box with regard to safe handling - perhaps two people, given the weight of the item?  Did you check that and adhere to it?  Even if not advised, common sense says that dragging a 36kg and unwieldy load up to a loft, alone, is risky.  That's your contributory negligence, not the retailer's.

Bottom line is that I don't think they can deduct from any return that relates to your consumer rights, but they can do so if you are returning under their warranty terms.

JJ_Egan

How far are they responsible for delivery once its passed your doorstep .

Are they responsible for you carrying it up the stairs or wherever .

Need to ask a court of law or at the very least a solicitor as opposed to random replies on a forum .

Or just accept the product you bought and the cost for damages .

dextersdad79

Aylesbury_Duck said:

Here we go...if all else fails, mention children.

Damage has been caused, seemingly not by the quality of the packaging but by the way that packaging was handled.  Firstly by the delivery driver who got it wet and secondly by you when carrying it up stairs.  They've offered to put right the damage, presumably because they accept their part in it or just through good customer service. You don't get anything for "what might have happened".  In reality, would you have been so daft as to allow your little lad to wander around behind you on the stairs as you manhandled 36kg of mattress up them?

I think they've been good to act promptly, other retailers might have made things more difficult and yes, you do bear some responsibility because it would have been reasonable for you to have checked the integrity of the packaging before carrying it up stairs.  I suspect there might have been some advice on the box with regard to safe handling - perhaps two people, given the weight of the item?  Did you check that and adhere to it?  Even if not advised, common sense says that dragging a 36kg and unwieldy load up to a loft, alone, is risky.  That's your contributory negligence, not the retailer's.

Bottom line is that I don't think they can deduct from any return that relates to your consumer rights, but they can do so if you are returning under their warranty terms.

Cheers Duck. 
The bottom line is all I was after.
No I don't need a lecture on parenting or lifting thanks. 
As for letting my lad follow me up the stairs no I wouldn't have dreamed of it. Can I stop him walking past the bottom of the stairs ? No i can't. As for me dragging the load up the stairs, it wasn't being dragged it was being carried by the handles in the box. There is no warning on the box just a small label stuck on one side with my address on where it says it weighs 36kg. Did I think it was too heavy ? Nope I was comfortable with the weight and the size of the box utilising the handles. 
Cheers 
Next question if I return the item now as it is less than 30 days. Am I able to pursue them to pay for the damages to my wall? When I have the full refund ?

Aylesbury_Duck

That depends on how you ordered it.  If you ordered it online then yes, you can return it.  If in store and their policy allows a return (assuming you haven't used the mattress) then again, you can return it.

You can pursue them as you wish afterwards.  Whether they would be inclined to help is another matter and you'll have to take that chance.

dextersdad79

Aylesbury_Duck said:

That depends on how you ordered it.  If you ordered it online then yes, you can return it.  If in store and their policy allows a return (assuming you haven't used the mattress) then again, you can return it.

You can pursue them as you wish afterwards.  Whether they would be inclined to help is another matter and you'll have to take that chance.

Thanks for that duck. 👍my main wondering was whether there is anything in the consumer act about the packaging needing to be fit for purpose etc. But I cant see anything about packaging at all in there. 

mattyprice4004

There's nothing in there about packaging, no.

Their offer seems fair - a judge may not award fully in your favour, so they're offering you money out of your own pocket with no fuss providing the product is kept; some of the margin in the sale will pay for your repair.

If you're wishing to have a full refund there's no incentive for them to give you anything over the bare minimum, so I can see why they would potentially deduct some of the repair from the refund.