Warranty eligible for section 75?

Yayhelen

I bought a Leesa mattress 3 years ago, part of the appeal was the 10 year warranty.

My mattress has sagged and I have gone to request a warranty replacement only to discover that Leesa are no longer trading.

If I paid on a credit/debit card can I complete a section 75 request based on breech of contract & get a refund? 

Sandtree

Which did you pay on? Debit or credit card? S75 only applies to credit and not debit.

Keep_pedalling

Who did you buy it from?

Yayhelen

Hi, yes, I mean credit card. Purchased it directly from Leesa.

Keep_pedalling

Yayhelen said:

Hi, yes, I mean credit card. Purchased it directly from Leesa.

Leesa are a US company. They have not ceased trading but they have pulled out of Europe. 

Leesa is no longer fulfilling orders or operating in Europe. For all inquiries and additional information please contact Lucy Duckworth at Lucy.Duckworth@cowgills.co.uk.

Ditzy_Mitzy

Apparently you still can make a claim under the warranty:
If my company is liquidated, am I personally liable? (begbies-traynorgroup.com)
Leesa (UK) is in liquidation, your claim is against that entity rather than the US parent.  The two are incorporated in separate jurisdictions; your purchase does not fall under the auspices of American law.  The likelihood is that you will end up on the unsecured creditor list.  Good luck!  
If you prefer: there isn't a specific time limit for a Section 75 claim, but there's a requirement for any such claim to be based on breach of contract or misrepresentation.  Have you got anything that guarantees, or implies, that the mattress will last a specific number of years?  I can't see a breach of contract here as it involves a straightforward sale and the goods have been supplied.  

Yayhelen

Just gone back and checked and it was actually from Amazon.

JJ_Egan

Check the warranty as i don't know if it replaces at three years . Most do a sliding scale  refund and you pay for disposal .

Warranty is not your Consumer Rights in the UK .

Yayhelen

Leesa are a US company. They have not ceased trading but they have pulled out of Europe. 

Leesa is no longer fulfilling orders or operating in Europe. For all inquiries and additional information please contact Lucy Duckworth at Lucy.Duckworth@cowgills.co.uk.

I have seen this but think I have slim to no hope of anything via this route.

Yayhelen

Ditzy_Mitzy said:

Apparently you still can make a claim under the warranty:
If my company is liquidated, am I personally liable? (begbies-traynorgroup.com)
Leesa (UK) is in liquidation, your claim is against that entity rather than the US parent.  The two are incorporated in separate jurisdictions; your purchase does not fall under the auspices of American law.  The likelihood is that you will end up on the unsecured creditor list.  Good luck!  
If you prefer: there isn't a specific time limit for a Section 75 claim, but there's a requirement for any such claim to be based on breach of contract or misrepresentation.  Have you got anything that guarantees, or implies, that the mattress will last a specific number of years?  I can't see a breach of contract here as it involves a straightforward sale and the goods have been supplied.  

I was hoping that the fact they will not fulfill warranty is a breech of contract?

Diamandis

Even if you were able to use the warranty,  they would first confirm it was an actual fault and if they then might offer a replacement or a refund that's pro rated. As you purchased from Amazon your contract is with them. You should get in touch with them but they may require you to obtain a report confirming that's theres something wrong with the matress and the sagging isn't down to the base it's on or how it has been used.