Emma mattress

Dripfedfred33

Morning.

I am interested to see if there are any consumer laws relating to guarantees and unfair conditions within terms and conditions.

We paid in full via PayPal (logged debit card)

Had a foam mattress since 2019.
Just after the trial period expired we raised an issue with the mattress sinking in one area.
Emma responded quickly saying we should provide photos of the area however that is not practical as myself and partner work different shifts and as such there is never really the opportunity to get photos they they ask for.

So we put up with it until now.
We've contacted them again several times insisting this is now a major issue and they only reply with photos required.

Today we have in and found trying to take a photo is near impossible as by the time you strip off all the covers the foam has returned and looks level.

I have sent today's photos and update via the resolver portal but have not yet had a response from Emma.

Whilst their customer service response is quick and polite this hidden clause in the terms and conditions makes returning the mattress almost impossible.

Has anyone else experiences this??
Any known protection or acts that would help?

Thanks

D

[Deleted User]

It's a very reasonable request to ask for evidence of the problem. Certainly no legislation against it. And if the clause is in the terms and conditions, it can't be hidden.

Lie on the bed without covers and then take a picture.

Avoid using Resolver if possible as it will slow down responses.

JJ_Egan

Somebody in the bed for a whole 24 hours ??

ThumbRemote

It's not unreasonable for them to require photos, and however much you claim that it's "not practical", you've had plenty of time to provide these. Simply send the photos as best you can. 

neilmcl

Anyone else think this is a wind-up?

The_Fat_Controller

No time to take any photos in over a year ?
I think the OP is pulling our legs.
All mattresses sink a bit over time, it's a fact of life.

boobyd

Lie on the bed with out any covers?
If the dip disappears that quick then the mattress is doing what it should.
Until you do photos with some sort of objective measuring then.....

adamp87

Had a foam mattress since 2019.
Just after the trial period expired we raised an issue with the mattress sinking in one area.
Emma responded quickly saying we should provide photos of the area however that is not practical as myself and partner work different shifts and as such there is never really the opportunity to get photos they they ask for.

You’ve show yourself in the foot here by being lazy to be honest.

Perfectly acceptable for a company to request evidence of a fault. To say you and your partner works different shifts isn’t a good enough excuse. I’m sure you manage to fit other things around that and it would have taken a few minutes surely to take a photo..

Now it’s almost 2-3 years later ..

alexp123

I feel that some of these response are a little harsh. The mattress comes with a 10 year guarantee / warranty. From Emma's website: "with our 10-year warranty on top, you sleep easy, knowing you’ll enjoy your purchase for years to come". And later on the same product page: "10-Year Guarantee: A mattress is like having a life-long friend. And because we have so much trust in ours, we give all our Emma mattresses a 10-year manufacturer warranty."

However, when you dig into the detailed terms and conditions of this guarantee, it appears to only cover defects that are visible to the naked eye with no weight on the mattress. So the mattress no longer supporting your weight is apparently not regarded as a defect covered by the guarantee. 

I have had a similar experience where the mattress becomes very soft on whichever side of the bed I slept on the night before, but remains at the normal level of firmness in the rest of the mattress. I've emailed Emma to ask them whether this is normal and expected for their mattress or not. They are being reluctant to answer the question, but I'll let you know what they do end up saying.

alexp123

I'll add that I think marketing the product and warranty as "knowing you'll enjoy your purchase for years to come" but the warranty not actually covering the level of support the mattress provides seems a little misleading to me. The terms and conditions in the warranty are available and clear, but I'm not sure an average consumer would realise that this kind of degradation in the mattress is possible but not covered by the warranty.

I'll also add that the product page for the mattress on their website has a screenshot showing a Trustpilot score of 4.9. But this is not their actual Trustpilot score. As far as I can tell their real score is only 4.5 due to 1 in 10 of their reviews being only 1 or 2 stars.

Sandtree

I suspect their mattresses are irreparable so any warranty claim is a whole new mattress. Whilst their T&Cs may be deemed unfair they are in my mind somewhat understandable... its not like a spring mattress where if someone reports a lump that the fact a spring has become unlinked is both visible on inspection and repairable. Being purely foam it'd end up with endless arguments on if there is a problem or not unless it is visible.