Mattress exchange/refund rights

119 Posts


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?
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?
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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.
As to S75 as retailer has offered a resolution. Then you do not have a case.
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.
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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
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.
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.