Received wrong mattress from Bensons [Resolved]

Kay_Dot

First of all we bought this mattress about 5-6 months ago, but we only just realised that Bensons actually sent out the wrong mattress  
We ordered a mattress that was twice the price, firm feel (rather than soft) we tried it in the store and one would assume that Bensons would send out the correct mattress what with it being a high value item, reason being why it wasn't noticed before is because it was immediately covered with bedding, but after months of okay-ish sleep, we looked at the label and our invoice and saw we were sent a cheap mattress
We paid a deposit and are still paying for it (and the bed) on finance...do we have a chance of a partial refund/correct item being sent out?

the_lunatic_is_in_my_head

If it is clear that it's the wrong mattress (i.e no question about it) then they should replace it and if they don't you are entitled to your choice of rejecting for a refund* or seeking a price reduction**.

*If less than 6 months that would be a full refund, if over they can reduce the refund to account for use, typically mattresses should last about 6-8 years so it would be lifespan vs time owned.

**If you are happy with the mattress you may keep it and seek the difference in value between what was paid for vs what was supplied, that should be an easy calculation in this instance.

If you want a price reduction Benson's may not be familiar with this and you can point them to the regs 

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

also explained here in more digestible language

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/6

It should be noted if Benson's insist on replacing that is their right, your right to reject/price reduction only applies if they refuse to replace  

 

Okell

Kay_Dot said:

... but after months of okay-ish sleep, we looked at the label and our invoice and saw we were sent a cheap mattress ...

What does that mean?  Do you mean that the label on the mattress and on the invoice are for the same mattress or for different ones?

Assuming you chose and have paid for mattress A costing £1000 but they delivered mattress B costing £500 then yes, you have a remedy because it's not the one you bought.

You can just tell the retailer to swap it for the correct one, or you could negotiate a price deduction with the retailer if you wanted to keep it.  (If for some reason the retailer could not now supply the correct mattress, you would be entitled to return it for a full refund if you've had it less than six months.  More than six months the retailer could make a reduction from your refund for the six months plus use you've had from it.)

If the goods that were delivered don't conform to contract (ie weren't as described) there isn't really a time limit on when you need to inform them of the problem.

Kay_Dot

Thanks for the replies guys, im going to ring up their customer service team on Monday and explain the situation and hopefully reach a solution. I'm just so annoyed that this happened, and all this time we had received the wrong mattress, literally mattress A costing £1000 and us receiving mattress B costing £4-500. Invoice clearly shows mattress A (£1000)

So I shouldn't really have to explain that we've only noticed 6 months later? (it's embarrassing to say, but with the item it is, we didn't think to literally check off the invoice against an item like a mattress)

PHK

Before you ring it would be useful to prepare two things:

1 What do you want to happen. Are you happy enough with the mattress to accept the difference in price? Do you want the correct mattress? etc

2 What you'll say if they ask questions? Looking at it from their point of view it might seem very odd that you didn't notice it when turning, airing or cleaning the mattress.  So be prepared in case they ask. Just be honest about what happened. If they do refuse to do anything what will you do? Ask to escalate a formal complaint?

Bradden

the_lunatic_is_in_my_head said:

If it is clear that it's the wrong mattress (i.e no question about it) then they should replace it and if they don't you are entitled to your choice of rejecting for a refund* or seeking a price reduction**.

I suspect this is the issue the OP will face. They are unlikely to be able to prove that Bensons supplied the wrong mattress. Ultimately a court could decide either way. I'd suggest the OP should be prepared to accept a compromise e.g. a second mattress at a discount.

photome

Bensons are very likely to assume you are trying it on and  that you want a cheap mattress replaced with a dearer one, not sure how you probe otherwise

Kay_Dot

I've got photographs of the mattress that was delivered (which I believe should count in my favour), the day the bed and mattress were delivered I took a picture of the mattress (packed up) beside the unassembled bed pieces (also packed in their see through plastic) and you can see from the top of the mattress (the design/pockets/waves) it isn't the one we ordered (looking back and comparing to the picture online of the £1000 mattress)

screech_78

I agree that you’re entitled to the correct mattress or a refund of the difference. 

All I will say, is stop being annoyed. It’s a mistake and these things happen. It could have been sorted a lot sooner if you had checked and whilst you have a right to be annoyed, if you stay calm and be pleasant, the chances of this being painless are much higher. 

photome

Kay_Dot said:

I've got photographs of the mattress that was delivered (which I believe should count in my favour), the day the bed and mattress were delivered I took a picture of the mattress (packed up) beside the unassembled bed pieces (also packed in their see through plastic) and you can see from the top of the mattress (the design/pockets/waves) it isn't the one we ordered (looking back and comparing to the picture online of the £1000 mattress)

I hope they accept that as proof , please report back what they say

TELLIT01

Kay_Dot said:

First of all we bought this mattress about 5-6 months ago, but we only just realised that Bensons actually sent out the wrong mattress  
We ordered a mattress that was twice the price, firm feel (rather than soft) we tried it in the store and one would assume that Bensons would send out the correct mattress what with it being a high value item, reason being why it wasn't noticed before is because it was immediately covered with bedding, but after months of okay-ish sleep, we looked at the label and our invoice and saw we were sent a cheap mattress
We paid a deposit and are still paying for it (and the bed) on finance...do we have a chance of a partial refund/correct item being sent out?

In a later post you say that you have a photograph of the mattress, still in its wrapping, beside the unassembled bed.  If that is true you can't use the excuse of immediately covering it with bedding for not realising it was the wrong mattress.  I'm not saying it isn't the wrong mattress but you need to have a consistent, and believable, reason for not realising sooner.