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Mattress exchange/refund rights
in Consumer rights
59 replies 1.8K views
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The seller has now had an opportunity to look at the rejected mattress 3. Whether they actually have looked at it or not, I don't know, but it would seem they've now decided that they'd like to inspect mattress 2 before they either supply a second replacement (mattress 4) or give the OP a refund.
It seems to me perfectly reasonable that the seller should be able to inspect mattress 2 and that they shouldn't now be penalised for accepting the OP's complaint at face value that it was faulty without inspecting it. I'm sure they could have caused greater inconvenience to the OP concerning that than they actually have if they'd insisted on inspecting it whan the original complaint was made. I suspect that telling them they can't now inspect it will not be something that helps future customers...
Bearing in mind (1) the OP has clearly stated that they have no issue about having the mattress inspected, apart from the fact he or she will have to take more time off work, and (2) the OP has paid the seller £1500 for a mattress the OP can't use, if I were the OP I'd be doing everything I could to get this resolved.
I'd agree to the inspection but I'd tell the seller that if they agreed it was faulty that they'd be paying for my extra time off work.
I can't see any other way forward that wouldn't result in the OP taking even more time off work - which is what seems to concern them most.
(And I'd still like to see photos of the fault. Like @HampshireH I can't get my head round a mattress that isn't of uniform shape)
Reference to failing was pointing out any mattress could have other problems unknown and may fail in the future, for that reason should the company feel 3 isn’t faulty now it should be 3 that gets returned to the OP, I thought that was explained clearly but going forward we’ll stick to “not conforming to the contract”
But I'm not certain that that wouldn't leave the OP in a worse position if they are worried about taking more time off work. Wouldn't they then have to take more time off for the redelivery of mattress 3 and, presuming that they are correct in stating that mattress 3 is faulty, aren't they in the same position as they are now, except they've taken even more time off work and haven't moved any closer to a resolution?
The OP currently seems to be in a position where the seller has £1500 of his money but he has a mattress he can't use, and the two of them are at an impasse. If I were him I'd be contacting the seller and trying to get a mutually acceptable solution that moves them both forward - whether that's the redelivery of mattress 3, the delivery of a second replacement (mattress 4), an inspection of mattress 2, or a refund. But I can't see that the OP simply sticking their heels in and saying "I'm quite happy for you to inspect mattress 2 but you have no legal right to do so so I won't let you on principle" helps them achieve a solution.
Personally - if I were convinced that mattress 2 did not conform to contract in some way - I'd happily let the seller inspect it. But I'd also tell them that if they agreed after inspecting it that it did not conform to contract then I'd want reimbursing for all the extra time I'd taken off work over and above the original delivery of mattress 2. (I presume that would be time off work for the rejected delivery of mattress 3, time off work for the inspection of mattress 2, and perhaps even more time off work depending on what happens then.)
I'd still like to see some measurements and photos. Is it an inch too narrow or too wide? Is it six inches too narrow or too wide? Is it a slight trapezoid or rhomboid? I'd be bit concerned that the seller has now had a chance to inspect mattress 3 if they wanted to, might have decided that there is nothing wrong with it, and now wants to look at mattress 2 to see what's wrong with that one if it's meant to be faulty in the same way as mattress 3
If you think the right thing for the company to do is to send mattress 3 back to the OP then OK, but I doubt that's what the OP wants. (Incidentally, I didn't realise earlier that this was what you were explaining the seller should do in these circumstances. I thought you were arguing that the seller should simply refund the OP or send a second replacement - mattress 4 - without needing to satisfy themselves that there is in fact something wrong with mattresses 2 and 3 in the first place).
Without repeating myself there's nothing else to add really.
If the company agree 3 doesn't conform I think OP should exercise the final right to reject, get mattress 2 collected, have £1500 refunded and maybe buy from one of the mattress companies that have generous trial periods.
The problem comes if the company think 3 doesn't have a problem, as they are also going to think 2 doesn't either.
OP would then need an independent inspection to counter, the complication is which mattress should that be, 2 or 3? I think it should be 3 which does cause complications and which ever way you look at it with the company saying either 2 or 3, or both, don't have a problem, OP has a headache to deal with.
Lets say OP lets the company inspect 2 and they say it's fine, OP then has 2 inspected themselves with an inspection in their favour and says see it was faulty, the company could then say but 3 isn't and where does that leave OP. It's a mess, hopefully the company agree 3 has problems which gives the OP a stronger footing to push for their refund.
It's all well & good, yet again several pages of debate, when what is needed is the OP to comeback & provide some of the info asked for. 🤷♀️ They have been back,, but not answered the question. Guess it's lost in the pages of debate 👍
In the circumstances (the seller has £1500 of the OP's money and the OP has a mattress they can't use) I don't see how the OP can progress this without reaching some agreement with the seller - most likely to allow the seller to inspect mattress 2. If the OP is otherwise willing to allow the seller to inspect the mattress but won't allow them to do so on principle, I'm sure the seller will be equally content to sit on the OP's £1500 on principle.
Once the seller has either agreed or disagreed that there is a "fault" the OP can take whatever action is most appropriate.
I think I'd still like to see what evidence of a fault the OP has. It wouldn't be to their benefit to become entrenched in the view that there is a definite fault with the mattress if other people were of the reasonable opinion that there wasn't. The longer this drags on the more it disadvantages the OP in my view.