Problem with Emma Matratzen

rocco1504

Hi
I've not been on here for a long time but I would like some preemptive advice please.
My son L recently purchased a couple of Emma Mattresses using a discount code, but even then the price was over £550.
 I paid for them with my Barclaycard and he is paying me back. 
 I should say at this point say that we bought some of these before and had absolutely no problem with them so thought this experience would be the same. Silly me. 
 They arrived last week and when we unwrapped the 1st one, it didn't "expand" to it's full size; They are supposed to expand, from being vacuum packed to their full size of 25cm deep, this one didn't and at this point is still only 20cm deep; it appears that the cover wasn't made properly and is not allowing the mattress to get to its full size. 
 Anyway I contacted the customer care team and initially they were really nice, and asked me to send some pictures showing the problem, which I did using a tape measure to highlight the issue, anyway, they came back to me and said that it can take up to 24 hours for the mattress to achieve full size, even though in their blurb and on the website it says that the mattress is ready to sleep on after a few minutes of opening.
 So I waited 24 hours and the mattress didn't get any bigger and as of this point hasn't got any bigger. 
So I emailed them back with a few more pictures and explained that I believe that the mattress cover is the problem and maybe sending us a new cover might help.
 I also asked them whether we should open the second mattress as we were very dubious as to whether it would be the same as the first, and we don't want two unusable mattresses hanging around the house, I've had no response to that question.
 Anyway it's been a couple of days now and we have heard nothing back from them, so I decided to do a bit of digging and found out that even though they have wonderful reviews, there are just as many reviews that some how never get seen that are pretty much horror stories of how they ignore anyone who complains and it can take months to get a refund.
 I wish we'd seen them first. 
OK so story over, I want to ask if, should it come to it do I have a chance using Section 75 rules ??, and what kind of chances should I give them, and how long, to honor their part of the contract ??.
My apologies if I sound a bit thick about all this, but I've never had to deal with this sort of thing before and any advice would be much appreciated.
Many thanks for looking 
Paul 

tacpot12

If you are covered by the Distance Selling Regulations, which I think you will be, then you have 14 days to return the mattresses for a full refund. I would return both of them if you don't hear anything good after 7 days. 

You could try following the instructions on their website to return the mattress to them: see here Returning Your Emma (emma-mattress.co.uk)

Sandtree

rocco1504 said:

OK so story over, I want to ask if, should it come to it do I have a chance using Section 75 rules ??, and what kind of chances should I give them, and how long, to honor their part of the contract ??.

Who's name is on the invoice? Sounds like its your son and therefore there is no S75 protection because the chain is broken... you didnt buy the goods for yourself.

rocco1504

Sandtree, is that really so, I purchased them but in my sons name.
So that would negate any S75 claim I may have.
I think a call to Barclaycard could be in order. Just to get the lowdown. 
I know its the law but I don't have to like it.
I still have the 14 days to return for a refund as Tacpot12 suggested, which I'm going ahead with ASAP,  I. E. In the next half hour or so.
I'll keep you posted. 
Thanks for the replies. 

Sandtree

rocco1504 said:

Sandtree, is that really so, I purchased them but in my sons name.
So that would negate any S75 claim I may have.

Yes

To be perfectly honest, Section 75 of the Consumer Credit Act 1974 really could do with a total rewrite or being scrapped. It was created at a time where few people had cards and few businesses could accept cards. It was therefore envisaged that if banks are willing to select who the privileged few that can have such facilities they should have some skin in the game. So where the banks had approved the customer and the supplier they have to cover if anything goes wrong. If the bank hasn't because its a third party taking payment for the supplier or the customer lending their credit to someone else then they don't.

If you ever want to get S75 protection you need to ensure you are the legal buyer of the goods even if your intent is to subsequently gift them.

There are lots of quirks of modern life that fall foul of S75 legislation... but from Company A on their website paying with your card and you are covered. Buy from the same site using PayPal by logging into your account and you are not covered. Go to Company A's Amazon Marketplace store and buy using your credit card and you are not covered. All still Company A sending you your new jeans or whatever but because PayPal and Amazon add another company S75 is broken.

ThisnotThat

You bought them for your son and have no benefit from them so S75 doesn't apply.

If you slept with him you would, but such is life

pbartlett

You don't have to do a S75 you could ask the card company to do a simple chargeback if you send them back and don't get a refund

As above, you have 14 days to return them for whatever reason and in law the company cannot refuse

JJ_Egan

Is Emma Matrazen the American girl that handles refunds for Emma .

rocco1504

Just wanted to say thanks for everyone's input, it's been really helpful.
And I'll let everyone know what the outcome is, and if they come good.
Thanks again everyone. 

rocco1504

Just a quick follow up on this.
I had the mattresses picked up last Friday and I have just received the refund through my credit card, today, Wednesday. 
Perhaps I was jumping the gun a bit, and have to say that this is excellent service from the Emma mattress team.
Many thanks again everyone for your input.