Eve Sleep

tp_wigwam

I wanted to return a Bedframe and Mattress both bought from Eve sleep under their 1 year  refund policy guarantee.  The bed frame was purchased via PayPal Credit (I believe this is a point of sale loan, offered at the time of purchase and paid back in 4 buckets ) and the mattress was purchased from Duologi (a credit firm who also provided a similar  point of sale loan to PayPal). 

When I followed the process on the Eve sleep website to return my products, I discovered that they in had recently gone into administration (early November :-( )  and that Benson Beds had bought them over.  It seems Benson's are not honouring the 1 year guarantee that Eve Sleep offered when I bought my products.  I then approached PayPal Credit who told me since the claim was outside of their usual timeframe for raising disputes, they could do nothing to help.  Duologi referred me to the administrators of Eve Sleep.  I had thought under section 75 of the consumer credit act, a company who provides the point of sale loan is who I should reach out to in these circumstances.  Should I continue to pursue my claim with each company further with the financial ombudsman or am I just wasting my time?  Many thanks in advance for any advice.

born_again

Warranty sits with retailer & they are no longer trading. So you will get no joy there.

 BNPL (buy now pay later) does not fall under S75 So that is PayPal & Duolgi in this case.

>>Unlike spending on a credit card, you aren't protected by section 75 of the Consumer Credit Act. <<

https://www.moneysavingexpert.com/news/2022/08/fca-buy-now-pay-later-warning/


What is the reason for wanting to return?

tp_wigwam

thanks - Duologi advertises as a point of sale loan company which I thought was covered under section 75.  I also thought PayPal Credit was also the same.  (Hard) lesson learned I guess!  Will use my credit card next time!  Thanks for the feedback

eskbanker

Duologi seem to consider themselves liable under s75!

https://duologi.com/faqs-s75/

What rights does Section 75 give to me?

For this type of agreement if the supplier of the goods or services financed by the agreement does not supply these goods or services of satisfactory quality, they are not as described, or do not perform the function you were led to believe.

You have the right to require us to rectify this instead of the supplier.

Ath_Wat

eskbanker said:

Duologi seem to consider themselves liable under s75!

https://duologi.com/faqs-s75/

What rights does Section 75 give to me?

For this type of agreement if the supplier of the goods or services financed by the agreement does not supply these goods or services of satisfactory quality, they are not as described, or do not perform the function you were led to believe.

You have the right to require us to rectify this instead of the supplier.

Does that extend to a pledge to return money within a year if you just don't like it?  There's nothing wrong with the goods.  Is the one year refund considered to be a service that has been paid for?

eskbanker

Ath_Wat said:

eskbanker said:

Duologi seem to consider themselves liable under s75!

https://duologi.com/faqs-s75/

What rights does Section 75 give to me?

For this type of agreement if the supplier of the goods or services financed by the agreement does not supply these goods or services of satisfactory quality, they are not as described, or do not perform the function you were led to believe.

You have the right to require us to rectify this instead of the supplier.

Does that extend to a pledge to return money within a year if you just don't like it?  There's nothing wrong with the goods.  Is the one year refund considered to be a service that has been paid for?

I'd argue that failure to honour the promised one year guarantee constitutes a breach of contract, and therefore brings s75 into play.

heyitsroth

Did you ever get this resolved?  In a similar position myself

sheramber

heyitsroth said:

Did you ever get this resolved?  In a similar position myself

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