Expensive faulty mattress

Supersaver7

Hi, can somebody please give details of my consumer rights, with regards to the two options shown below:-
I purchased an expensive mattress back in March 2018. I bought it in store from a top bed retailer using my Debit card for £1132.

Last year I found 3 tuffs had become broken and the material around them became slightly damaged as well.

As the retailer can not repair or replace the damaged mattress, the Furniture Ombudsman has now offered two options:
1) £925.40 reselection option.
2) £641.09 partial refund.

As I paid to have an independent report done on the mattress which came back in my favor, I'm looking to receive a full refund along with the cost of the independent report.
Thanks

MattMattMattUK

Supersaver7 said:

Hi, can somebody please give details of my consumer rights, with regards to the two options shown below:-
I purchased an expensive mattress back in March 2018. I bought it in store from a top bed retailer using my Debit card for £1132.

Last year I found 3 tuffs had become broken and the material around them became slightly damaged as well.

As the retailer can not repair or replace the damaged mattress, the Furniture Ombudsman has now offered two options:
1) £925.40 reselection option.
2) £641.09 partial refund.

As I paid to have an independent report done on the mattress which came back in my favor, I'm looking to receive a full refund along with the cost of the independent report.
Thanks

If you have an independent report, which the retailer accepts, which shows that the fault was inherent at the time of delivery, then you would be in line for a refund, adjusted for usage, plus reimbursement for the cost of the report (up to reasonable limits).

The "reselection" option, and the partial refund option both look well within the acceptable range for adjustments for usage.

neilmcl

You've had nearly 3 years usage out of the mattress, you're not legally entitled to a full refund. What's a "reselection option", is this the amount they will give you toward a replacement at the same store? Either option is pretty reasonable imho and well within the law.

Aylesbury_Duck

Sounds like two good options are on offer.  Good to see a retailer actually complying with their obligations.  Pick the option you want and be satisfied.  Expecting a full refund is unrealistic, for what are not catastrophic faults after three years.

pinkshoes

Supersaver7 said:

Hi, can somebody please give details of my consumer rights, with regards to the two options shown below:-
I purchased an expensive mattress back in March 2018. I bought it in store from a top bed retailer using my Debit card for £1132.

Last year I found 3 tuffs had become broken and the material around them became slightly damaged as well.

As the retailer can not repair or replace the damaged mattress, the Furniture Ombudsman has now offered two options:
1) £925.40 reselection option.
2) £641.09 partial refund.

As I paid to have an independent report done on the mattress which came back in my favor, I'm looking to receive a full refund along with the cost of the independent report.
Thanks

Who advised you that you were entitled to a full refund?

Under the Consumer Rights Act 2015, you are entitled to a replacement, refund (partial to reflect any use of item) or a repair.

So the company are acting within the law.

I assume the £641.09 is a 50% refund (as you have had 3 years use) plus the cost of the report? Mattresses should be replaced every 6 to 8 years so 50% refund is correct. You *might* be able to argue a bit more than this, but no more than a 5/8 refund for the 5 *extra* years it should have lasted.

I'm thinking the £925.40 is what they are offering towards a new mattress from their collection?

Sandtree

Supersaver7 said:

As I paid to have an independent report done on the mattress which came back in my favor, I'm looking to receive a full refund along with the cost of the independent report.

As others have already explained, the law allows reductions in refunds to reflect use. By the looks of it they have applied a circa 30% reduction for 3 years usage. The law doesnt define how use should be calculated but many seem to take a linear scale over either 6 years or a reasonable lifespan. Given the numbers it seems a 10 year life span has been used which is favourable against most places quoting a 7-10 year average lifespan.

Maybe if you bought a Vi-Spring or Savoir then you can argue 10 years is too short but then you'd have been paying over £2k for a double

margaretbrowning221

I brought a silentnight mattress from a retailer beginning of April and was delivered end of April. It has been causing me a lot of pain and I have asked both silentnight and retailer on a few occasions how long does it take to settle. I had the mattress inspected on Sunday and the report was sent to silentnight who have deemed it as faulty due to dipping right across the middle. The retailer has told me that I am only entitled to a repair or replacement. I have told them I do not want a replacement of that mattress as silentnight told me it would feel firm, even though I brought it being led to believe it was medium tension. I have tried a mattress in John lewis that is comfortable which the retailer does not sell. If I do not find a mattress that is suitable/comfortable am I entitled to a full refund under the faulty/not fit for purpose clause? The mattress that I tried in showroom was over 2 years old so would have been well worn in and now I am sceptic as to wether any other mattress will be newer to get the true feel of the mattress? I can not wait 2 years to get the same feel for lying on it.

the_lunatic_is_in_my_head

margaretbrowning221 said:

I brought a silentnight mattress from a retailer beginning of April and was delivered end of April. It has been causing me a lot of pain and I have asked both silentnight and retailer on a few occasions how long does it take to settle. I had the mattress inspected on Sunday and the report was sent to silentnight who have deemed it as faulty due to dipping right across the middle. The retailer has told me that I am only entitled to a repair or replacement. I have told them I do not want a replacement of that mattress as silentnight told me it would feel firm, even though I brought it being led to believe it was medium tension. I have tried a mattress in John lewis that is comfortable which the retailer does not sell. If I do not find a mattress that is suitable/comfortable am I entitled to a full refund under the faulty/not fit for purpose clause? The mattress that I tried in showroom was over 2 years old so would have been well worn in and now I am sceptic as to wether any other mattress will be newer to get the true feel of the mattress? I can not wait 2 years to get the same feel for lying on it.

The retailer can offer a repair or replacement (and then you may reject the goods for a refund after one repair/replace if another problem occurs).

The short term right to reject for a refund needs to be exercised within 30 days of delivery.