Faulty mattress

MrPez

Hi all, looking for advice.

8 months ago I bought a Vispring mattress for around 2k. Within a few months it sagged a bit. Not enormously, but it is noticable and for 2k it is certainly not something I expected.

It happened within a couple of months but there was a 10 year 'guarantee' and things got in the way of me doing something about it until now. 

I've just had someone out to inspect it and was told that the sag is within tolerance and they say it is fine. There is around 30mm sag, and their tolerance is 40mm for a matress 6 months - 1 year. Annoyingly, if I had addressed it sooner it would have been classed as faulty.

Irrespective of what they class as 'within tolerance', I don't think it is reasonable for a mattress this expensive to sag this quickly.

Am I being unreasonable? I know of other people buying mattresses for the same value and they feel the same after years.

What are my options?

Aylesbury_Duck

As you say, you're on a different path now that six months has elapsed, not just from their tolerance point of view, but from a consumer rights point of view.  After six months, the onus is on you to show it's faulty, which will require you commissioning your own inspection to (hopefully) disagree with the first one and suggest there's a fault.  Then you can ask the retailer to repair (can't see how to repair a mattress, unless a spring can be replaced if it's sprung), replace or refund.

So you have options, but it will require a little more work now that six months has passed.

MrPez

Urgh, wish I had known about that! I had thought there was no rush.

Will see what they come back with when they formally reject my complaint.

Aylesbury_Duck

Don't worry, it's a common mistake to conflate consumer rights with warranties.  They're different things.  Consumer rights are statutory, and a UK retailer can't override them, diminish them or get you to sign them away.  A warranty is provided by the retailer (or a partner insurer or warranty provider) and they get to set the terms, which will be covered in the warranty paperwork.  Sometimes warranties are very good and can be the best route for a resolution, but quite often people will mistakenly go down the warranty route, or be encouraged to do so by the retailer, instead of exercising their statutory consumer rights, which might provide a better outcome.

How did you pay?  If you paid on credit card or with a finance product, the finance provider is jointly liable with the retailer, so it may give you another avenue to pursue.

MrPez

I paid with American Express. When they reject me I'll give them a try and see what they suggest.

Appreciate the advice.