Nectar Sleep. Trying to return a matress 12 January at 9:03PM in Consumer rights 5 replies 243 views

dizzydusty

Hi. I bought a nectar sleep mattress on 19th January.2022 Mainly because it was advertised as having a 365 day trial or return for a full refund. Long story short, mattress is fully paid for but I notified Nectar by email on 1st Jan that I wished to return the mattress, email was viewed on 2nd Jan. Since then I've responded to 3 different emails from them (offering various different discounts on the cost of the mattress if I decided to keep it), rejecting each offer as well as providing photos, details etc twice now.  I've been told on Monday that they have contacted their courier and to wait to be contacted over the coming days.  Emailed them today as no contact to be told it can be up too 14 days (courier is British heart foundation).  Problem is that my 365 days is up on 19th and their website states the return must be completed fully within this period   Where do I stand if they then refuse to refund, or worse still, pick the mattress up and refuse to refund? 14 days would have been achievable if they hadnt wasted several days sending ever increasing offers! Mattress was paid in installments via split but charged each time to my credit card. Thanks

Aylesbury_Duck

As it's a warranty return (enhancing your statutory rights), they can set the terms and enforce them. If the return must be completed by the anniversary to enable the full return, that's the requirement.

It begs the question: Why did it take you 50 weeks to determine it didn't suit you? Looking at it from their point of view, it might look like you set out to hire a mattress FOC for a year.

Olinda99

Well, to be charitable, if the terms say a free 365 day trial then that is what they are providing and that is what the OP is doing. 

However, if the terms also say the mattress has to be fully returning before the 365 days are up then that is also what the OP needs to do and allow time for.

HillStreetBlues

Olinda99 said:

However, if the terms also say the mattress has to be fully returning before the 365 days are up then that is also what the OP needs to do and allow time for.

The OP  could argue that this term is unfair as it allows the company to string out collection to circumvent a return.

Olinda99

Yes I agree they could, although one could then ask if you thought the terms unfair why did you enter the contract ?

HillStreetBlues

Olinda99 said:

although one could then ask if you thought the terms unfair why did you enter the contract ?

No, because if found to be unfair it is struck off as though it never existed.
So in law, as that bit of the contract never existed you only agreed to the "fair" part of the contract.