Mattress exchange/refund rights 17 October 2022 at 12:00PM in Consumer rights 59 replies 1.8K views

Ath_Wat

the_lunatic_is_in_my_head said:

Ath_Wat said:

greenstick said:

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.

I can't help wondering whether, as this mattress is apparently half the price of any comparable mattress, you have unrealistic expectations of the build quality.  They have to cut a corner somewhere to make it saleable at that price, surely.  What are the faults?

Although price is a consideration goods should be fit for purpose meaning they are able to perform as their intended function.

They should also be durable but obviously a £100 mattress wouldn’t be expected to last as long as a £1000 mattress, and perhaps over time the reduced value of the £100 mattress wouldn’t be worth the effort to chase. 

We have no idea whether it was a fault that stopped it performing its intended function of not yet, though, have we.  That's why I asked.  They could all be purely cosmetic.

diystarter7

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.

Hi

You saved me the time and trouble of posting just that.

If it was my mattress, I'd be more than happy with the offer. Anything and everthing can break down and IMO if it was poor quality/etc, you can often tell from the first minute or within weeks,

It also depends on what the matress is used for (Not referring to the OP) but when we were younger, me and bro used to fight jump and use a trampoline when when mum/dad were out of sight and those items lasted but newer ones are not built like  and were never intended to be used like that

So Op, I know you are only askig, so in fairness to the co, accept their offer

Thanks

greenstick

Apologies if I've confused the issue.

We took their offer of upgrading from the original mattress, increasing the spend and pretty much doubling the original purchase price (now well over £1500).

The original mattress delivered last year was creaking.  The "upgrade" mattress delivered 3 weeks ago is not a uniform shape and therefore shows the bedframe.  When contacted, the retailer refused photos.  We even offered to leave it a few weeks to see if it settled but they said they were concerned that there may be other issues with it and insisted on sending a 3rd mattress (2nd "upgraded" one) but when this was measured as it was taken off the van it was clear that this had the same issue so was rejected.  The delivery guys witnessed this.

We have no issue in letting someone inspect but unsure if this is required as this should have been disposed of by now.  Surely if they want to do a report on one it should be the one we rejected.  Our problem is that we have no annual leave remaining to facilitate this, having already taken an additional 2 days to allow delivery of the 2 "upgraded" ones and we'll somehow need to be available for collection of this one and delivery of a replacment (from another company) when we purchase one - which is why I was asking if they can request to inspect something they've already acknowledged is faulty (or they wouldn't have sent a replacement)

We do love the mattress though and we're really unhappy that the replacement was also faulty as anything we now look at has to live up to the comfort of this one.

Ath_Wat

Sorry I am still not sure what this means.  It was not a perfect rectangle so you could see the bedframe?  How much did it deviate, in inches??  Was it intended for that frame?  Why is it a problem to see the bedframe?

How much was the old one "creaking"?

diystarter7

greenstick said:

Apologies if I've confused the issue.

We took their offer of upgrading from the original mattress, increasing the spend and pretty much doubling the original purchase price (now well over £1500).

The original mattress delivered last year was creaking.  The "upgrade" mattress delivered 3 weeks ago is not a uniform shape and therefore shows the bedframe.  When contacted, the retailer refused photos.  We even offered to leave it a few weeks to see if it settled but they said they were concerned that there may be other issues with it and insisted on sending a 3rd mattress (2nd "upgraded" one) but when this was measured as it was taken off the van it was clear that this had the same issue so was rejected.  The delivery guys witnessed this.

We have no issue in letting someone inspect but unsure if this is required as this should have been disposed of by now.  Surely if they want to do a report on one it should be the one we rejected.  Our problem is that we have no annual leave remaining to facilitate this, having already taken an additional 2 days to allow delivery of the 2 "upgraded" ones and we'll somehow need to be available for collection of this one and delivery of a replacment (from another company) when we purchase one - which is why I was asking if they can request to inspect something they've already acknowledged is faulty (or they wouldn't have sent a replacement)

We do love the mattress though and we're really unhappy that the replacement was also faulty as anything we now look at has to live up to the comfort of this one.

Hi OP

Not to worry as we can all miss out on bits that make all of the difference.

I have nothing more to add other than say I hope it works out for you.

Thanks

the_lunatic_is_in_my_head

greenstick said:

Apologies if I've confused the issue.

We took their offer of upgrading from the original mattress, increasing the spend and pretty much doubling the original purchase price (now well over £1500).

The original mattress delivered last year was creaking.  The "upgrade" mattress delivered 3 weeks ago is not a uniform shape and therefore shows the bedframe.  When contacted, the retailer refused photos.  We even offered to leave it a few weeks to see if it settled but they said they were concerned that there may be other issues with it and insisted on sending a 3rd mattress (2nd "upgraded" one) but when this was measured as it was taken off the van it was clear that this had the same issue so was rejected.  The delivery guys witnessed this.

We have no issue in letting someone inspect but unsure if this is required as this should have been disposed of by now.  Surely if they want to do a report on one it should be the one we rejected.  Our problem is that we have no annual leave remaining to facilitate this, having already taken an additional 2 days to allow delivery of the 2 "upgraded" ones and we'll somehow need to be available for collection of this one and delivery of a replacment (from another company) when we purchase one - which is why I was asking if they can request to inspect something they've already acknowledged is faulty (or they wouldn't have sent a replacement)

We do love the mattress though and we're really unhappy that the replacement was also faulty as anything we now look at has to live up to the comfort of this one.

OP with the 2nd mattress did you pay them the full £1500 or did you pay them £1500 minus the value of the original creaky mattress?

infectedeggs

£1500 for a matress?

HampshireH

infectedeggs said:

£1500 for a matress?

Quite a normal price for a decent mattress. Tempur for example start around this price

greenstick

the_lunatic_is_in_my_head said:

greenstick said:

Apologies if I've confused the issue.

We took their offer of upgrading from the original mattress, increasing the spend and pretty much doubling the original purchase price (now well over £1500).

The original mattress delivered last year was creaking.  The "upgrade" mattress delivered 3 weeks ago is not a uniform shape and therefore shows the bedframe.  When contacted, the retailer refused photos.  We even offered to leave it a few weeks to see if it settled but they said they were concerned that there may be other issues with it and insisted on sending a 3rd mattress (2nd "upgraded" one) but when this was measured as it was taken off the van it was clear that this had the same issue so was rejected.  The delivery guys witnessed this.

We have no issue in letting someone inspect but unsure if this is required as this should have been disposed of by now.  Surely if they want to do a report on one it should be the one we rejected.  Our problem is that we have no annual leave remaining to facilitate this, having already taken an additional 2 days to allow delivery of the 2 "upgraded" ones and we'll somehow need to be available for collection of this one and delivery of a replacment (from another company) when we purchase one - which is why I was asking if they can request to inspect something they've already acknowledged is faulty (or they wouldn't have sent a replacement)

We do love the mattress though and we're really unhappy that the replacement was also faulty as anything we now look at has to live up to the comfort of this one.

OP with the 2nd mattress did you pay them the full £1500 or did you pay them £1500 minus the value of the original creaky mattress?

We paid £1500 minus the original purchase price, so the difference between the two, not the full £1500

the_lunatic_is_in_my_head

greenstick said:

We paid £1500 minus the original purchase price, so the difference between the two, not the full £1500

Thanks OP, my view is that when they gave you the value of mattress 1 against mattress 2 that was the end of the matter, mattress 1 has been resolved, it now belongs to them and they should collect it when it's convenient for you.

They have no right to suggest sending someone to look at it because it doesn't matter, they accept the fault by providing a remedy.

Mattress 2 was faulty, no need for questions because they accepted it and replaced it, mattress 3 is the same as 2 so by their own reasoning it must be faulty also.

I feel mattress 2 was a brand new purchase, clock restarts and as we are within 6 months and there has been one failed remedy (mattress 2 as a replacement) you have the final right to reject for a full refund.

With mattress 1 they could have reduced the value, they could have said it cost £750, mattress 2 is £1500 but as you had it for a year we're only giving you £650 and you owe £850, but they didn't and it's too late for them to change their mind.

You said it's a well-known national bed/mattress retailer, which company is it OP? (You are allow to say on here )