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Mattress exchange/refund rights
in Consumer rights
59 replies 1.8K views
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I am not sure they have accepted mattress 2 was faulty, they just were prepared to replace one brand new mattress with another brand new one. But now they are under the impression that the OP is going to find some fault with anything they send, so they want to see exactly what they say the problem is. "Not being a uniform shape so you can see the bed frame" is probably not a complaint they have encountered before. Possibly also when they have received mattress 3 back they have thought "there is nothing wrong with this". The delivery men are not in a position to judge and are just going to take it back without arguing.
The company are free to look at all three of the mattresses but I don't see they have any right to insist that takes place in the OP's home, within the first 6 months it is taken the goods did not conform unless demonstrated otherwise.
The company should collect any mattresses the OP may have, inspect them at their shop, warehouse, factory, whatever and if they feel they can demonstrate on the balance of probability the goods did conform to the contract they give OP back mattress 3 and seek to cover any losses as damages, should it be worth their time and inclination, (but not relating to mattress 2 as they willingly replaced it).
The whole thing is a mess and the company are to blame, they should have taken 2 when 3 was delivered and then inspected 3 when it got back to them after being refused, or they should have pick up 2 and looked at it before sending 3 (and if agreeing to replace they should have examined 3 to make sure it didn't have the same problem as 2).
Maybe the bed frame is not a regular shape.
See your point about the bed frame, however the tape measure doesn't lie and Mattress 1 fitted perfectly
OP hasn't said but if mattress 2 was removed from the cellophane that would go further to support the view they accepted a fault given mattress retailers don't appear keen to accept back ones which have been opened under the guise of hygiene.
Sounds very much like accepting a fault to me.
If you have a legal point to counter it would be useful for the OP
And if they knew they all have this fault and then just sent out another one, that isn't logical either. To me it makes much more sense that they just agreed to replace it for the sake of a quiet life but now the OP has rejected another for the same reason - quite possibly a reason that nobody else who has ever bought one of these mattresses has ever mentioned - they want to actually check.
They're still demanding to inspect it, saying mattress 3 was sent as a gesture of goodwill, not admittance of fault.
They say they would be happy to class the purchase of mattress 2 as a new purchase but "that just complicates things"
If mattress 2 is a new purchase, do I have the right to reject under the consumer goods act as the issue was reported within 30 days. Do they have the right to challenge this and demand inspection?