Mattress exchange/refund rights 17 October 2022 at 11:00AM in Consumer rights 59 replies 1.8K views

greenstick

Hi everyone

I think I know the answer to this but would appreciate confirmation.

We bought a new mattress from a well-known national bed/mattress retailer just under a year ago.  Due to a fault that has developed they have offered a replacement with the same model of mattress or a store credit to the value of the original purchase - we are quite pleased at the ease this was offered.

We do not want the same mattress again as we feel this is a build quality issue with this model of mattress, not specific to the item we have.  We've tested the alternatives in a store, the only one we found comfortable is over double the price and we are tied to finding something in their store.

Ideally, we'd like a full refund so we could explore other makes and retailers but realise the company has fulfilled its obligations.  Would there be a possibility of a refund by going down the section 75 route or (as I suspect) not, as they have offered to remedy the situation?

Aylesbury_Duck

It's the retailer's choice to repair (not practical, I assume), replace or refund.  You're correct that they've offered a replacement so their obligation has been fulfilled.  Perhaps some negotiation for a 'cash' refund mitigated by the year of use you've had might be successful?

DullGreyGuy

greenstick said:

Would there be a possibility of a refund by going down the section 75 route or (as I suspect) not, as they have offered to remedy the situation?

S75 makes the credit card company jointly and severally liable with the merchant, there is no obligation for you to have ever spoken to the merchant about the problem and so their offer doesnt let your bank off the hook.

Your bank however has the same rights as the merchant and for obvious reasons they are much more likely to simply refund the transaction in theory they could also discharge their obligations by providing you with the identical replacement. Similarly as the item is over 6 months old they could in theory refund less the use received before the fault as allowed by the CRA.

born_again

greenstick said:

Hi everyone

I think I know the answer to this but would appreciate confirmation.

We bought a new mattress from a well-known national bed/mattress retailer just under a year ago.  Due to a fault that has developed they have offered a replacement with the same model of mattress or a store credit to the value of the original purchase - we are quite pleased at the ease this was offered.

We do not want the same mattress again as we feel this is a build quality issue with this model of mattress, not specific to the item we have.  We've tested the alternatives in a store, the only one we found comfortable is over double the price and we are tied to finding something in their store.

Ideally, we'd like a full refund so we could explore other makes and retailers but realise the company has fulfilled its obligations.  Would there be a possibility of a refund by going down the section 75 route or (as I suspect) not, as they have offered to remedy the situation?

As they offered a store credit. You can choose another one in store.

As to S75 as retailer has offered a resolution. Then you do not have a case. 

screech_78

If exercising your consumer rights, a full refund after a year’s use wouldn’t usually be on the table. A retailer can always offer it, however your rights only entitle you to a partial refund after 6 months to account for the use you’ve had of it. 

A repair or replacement can also be offered and so the retailer has fulfilled their obligations. 

greenstick

DullGreyGuy said:

greenstick said:

Would there be a possibility of a refund by going down the section 75 route or (as I suspect) not, as they have offered to remedy the situation?

S75 makes the credit card company jointly and severally liable with the merchant, there is no obligation for you to have ever spoken to the merchant about the problem and so their offer doesnt let your bank off the hook.

Your bank however has the same rights as the merchant and for obvious reasons they are much more likely to simply refund the transaction in theory they could also discharge their obligations by providing you with the identical replacement. Similarly as the item is over 6 months old they could in theory refund less the use received before the fault as allowed by the CRA.

Hmm, interesting thoughts.  Do you think if I spoke to the card company that they would then contact the retailer to see if a resolution had been offered or just offer a cash refund?  I'd be happy to take 7/8ths of the initial cost (8 years is the lifetime of a mattress according to the retailer website).  Unsure what the card company would want as proof that the mattress was faulty, as telling them that the retailer had accepted it ss faulty reveals the resolution that has been offered.

pinkshoes

Store credit to the original value is reasonable, and an exchange for a new one is reasonable.

Pushing for a refund via the credit card is an option, but the refund will not be in full as you have had one year of use. Mattresses should in theory be replaced every 6 years so your refund could be discounted by 1/6th for the 1 year of use.

DullGreyGuy

born_again said:

As to S75 as retailer has offered a resolution. Then you do not have a case. 

@born_again care to point out where in https://www.legislation.gov.uk/ukpga/1974/39/section/75 does it say you dont have a case if the supplier has offered a solution?

greenstick said:

DullGreyGuy said:

greenstick said:

Would there be a possibility of a refund by going down the section 75 route or (as I suspect) not, as they have offered to remedy the situation?

S75 makes the credit card company jointly and severally liable with the merchant, there is no obligation for you to have ever spoken to the merchant about the problem and so their offer doesnt let your bank off the hook.

Your bank however has the same rights as the merchant and for obvious reasons they are much more likely to simply refund the transaction in theory they could also discharge their obligations by providing you with the identical replacement. Similarly as the item is over 6 months old they could in theory refund less the use received before the fault as allowed by the CRA.

Hmm, interesting thoughts.  Do you think if I spoke to the card company that they would then contact the retailer to see if a resolution had been offered or just offer a cash refund?  I'd be happy to take 7/8ths of the initial cost (8 years is the lifetime of a mattress according to the retailer website).  Unsure what the card company would want as proof that the mattress was faulty, as telling them that the retailer had accepted it ss faulty reveals the resolution that has been offered.

I have never worked in that side of banking so cannot say for certain. My understanding is that they generally don't but wouldnt want to give any claim as to if its 0%, 1% or 49% of cases where they do.

Card companies normally want a report that the item is faulty rather than fair wear & tear or user error. As previously mentioned the same resolutions are open to the bank as the merchant and so in theory its possible that if they saw the merchant was prepared to do a replacement they'd come to an agreement that the merchant still does this but I am not sure how empowered bank staff are to do these kinds of deals

born_again

DullGreyGuy said:

born_again said:

As to S75 as retailer has offered a resolution. Then you do not have a case. 

@born_again care to point out where in https://www.legislation.gov.uk/ukpga/1974/39/section/75 does it say you dont have a case if the supplier has offered a solution?

Sorry I can't. 

But as the company has offered a solution. Then there is not a breech of contract. That is how it is looked at CC side. Breech would be if they failed to offer anything.

In fact company have gone over & above offering a full like for like replacement or a credit for the full price to allow OP to choose another mattress.

DullGreyGuy

born_again said:

DullGreyGuy said:

born_again said:

As to S75 as retailer has offered a resolution. Then you do not have a case. 

@born_again care to point out where in https://www.legislation.gov.uk/ukpga/1974/39/section/75 does it say you dont have a case if the supplier has offered a solution?

Sorry I can't. 

But as the company has offered a solution. Then there is not a breech of contract. That is how it is looked at CC side. Breech would be if they failed to offer anything.

In fact company have gone over & above offering a full like for like replacement or a credit for the full price to allow OP to choose another mattress.

They have simply met their legal obligations by offering a replacement... a credit note isnt a remedy recognised by the CRA though clearly the OP may be willing to accept it.

The breach of contract has still occurred, the offer of redress for the breach doesnt mean the breach hasnt happened. If I run into the back of your car but then pay for the repairs it doesnt mean that I wasnt negligent just because I paid redress. 

born_again

No they offered the OP a choice. End of the day offering a replacement is all that was required. It is OP that is not happy with that offer, as they feel it will happen again