Covered by consumer rights act 2015?

madaboutspots

Hi, advice please.

Purchased (on CC for full amount) new bed having tried demo in store. 

Was very clear at point of discussions that needed to be soft due to back issues.

Payment/order date 27.10.23.
Delivery date 20.12.23

Slept on bed 3 nights. Hard as nails! Woke every night with back pain due to firmness of bed.

23.12.23 Contacted store (local independent) re issue. Told then that mattress would need “bedding in period” of between 2 weeks and 2 months! 

Upshot - have to sleep on bed that’s way too firm for possibly 2 months to soften it. 

Not told this at point of purchase.

My belief is bed is not fit for its intended purpose.

Store unwilling to discuss any other option other than us keeping the bed. 

Have confirmed correct mattress was ordered and delivered. It’s apparently the soft comfort one - though it’s absolutely NOT soft or comfortable. Subjective of course. 

Have since (sadly didn’t research this prior to purchase!) bed maker. Seems this is a regular complaint and others are unable (even after the 2 months’ bedding in period) to use their bed.

Do we have a reasonable claim? 

madaboutspots

Just to add - haven't slept on bed since contacting store. Bought an airbed to sleep on so bed that we're "exercising our right to refuse due to not fit for it's intended purpose" is as pristine as possible. Bed remains in the bedroom, untouched since. We are now sleeping on said airbed, in the lounge - leaving our bedroom unusable. 

Have also submitted a claim with CC company on the grounds of not fit for purpose and refusing to accept the goods delivered. Waiting response from CC comp.

pinkshoes

The problem is you have used the mattress for 3 nights.

Also, hardness is very subjective 

If you'd tested it before unwrapping it, you would have established it was hard as nails and would then have an unused mattress.

If the one in the store was soft then it suggests it does need some bedding in, so perhaps spend some time walking over it or sitting on it during the day. If it's then still hard after 2 months then go back down the Consumer Rights avenue.

Could you not get a mattress topper for it?

It's the 2015 consumer rights you need look at.

PHK

Doctors normally recommend firm mattresses for back issues as a soft mattress will let you sink in and twist your joints.  Soft mattresses are generally for side sleepers. 

I don't think there was a Consumer Rights Act 1975, there's the Consumer Credit Act 1974?

Applicable law would be Consumer Rights Act 2015

As the retailer is disputing there's a fault you'd need an report to prove there is. Submit that to them. If they don't take action then it's time send a letter before action and prepare a small claims action. 

To be fair, I should say that  every mattress I've had has instructions that explains the first few months are a bedding in period. 

Also, if you haven't done so far it would be good to get your back checked again in case there is a change to your condition. 

madaboutspots

Thanks for replies.

when the bed was delivered it was unpacked in the bedroom with all packaging taken away. Before the delivery guys left I asked if there was anything I needed to check before signing and was told no. Just sign for delivery. So really, there didn’t seem to be an option for this. Was all done in a rush by them. They turned up several hours early (which caused mayhem as we hadn’t got the old bed out the way before they got here) delivered and couldn’t get away fast enough. By the time we got to try it, it was already at the point of no possible return as any use would have rendered it “soiled”. 

We have a very good quality and thick mattress topper that we always use which is reasonably new and in good repair. 

Mis type on my part - meant Consumer Rights Act 2015 - which I have checked thoroughly and have written to the retailer stating we refuse to accept the goods as unfit for their intended purpose.

I’m not sure doctors do still recommend a firm mattress for a bad back? Back in the day the advice used to be very different to now. I know because my back pain has been an intermittent issue since the 90’s and the advice from docs, physio etc over the decades has changed considerably. It used to be all about resting and laying down and now is about small regular movements and stretching. 

The bed doesn’t allow for my body to move into its natural position on back or side and instead forces me flat with no variation on this - causing the pain. I’m unable to sleep on my side (as I naturally do mostly) as there is no movement in the mattress to enable my hips to align when I do so.

All of our requirements were explained prior to purchase along with the fact our old bed (which didn’t need any noticeable bedding in and was comfortable from the first night) had become unsupportive over the 10 years we’d had it and the spring slats had no more spring and were flat. There was never at any point during the pre purchase discussion, a single mention of the bedding in process being required and we even asked if there was anything else we needed to know or had forgotten to ask. We were told emphatically that we had more than covered all the possible points to consider. 

This leaves me feeling that this retailer has not informed us of essential information. It’s maddening to read others purchasing from the same manufacturer have raised the same complaint again and again and many have soldiered on trying to use their beds with no discernible progress even months later. It does seem to be an issue with this particular manufacturer. Not that this hindsight helps me! 

DullGreyGuy

Presumably this isn't a store that claims to specialise in those with back issues?

As you yourself say, the main issue is going to be that softness/hardness of beds is very subjective and there is no standard measure. I'd also argue its fairly common knowledge that beds, sofas etc need breaking in to some degree... a quick google and without fail every company says a 2 week to 3 month period depending on the construction. After 10 years I'd somewhat take your memory as potentially imperfect as to how you old mattress was, it may not have been as bad but is likely to have improved over the first month or two. 

Its going to be hard to prove there is a fault or miss-selling and may be better to work constructively with the retailer through your options than try to play hardball which is much less likely to generate any form of goodwill offer.

sheramber

Does the manufacturer claim the bed is  suitable for thise with back problems?

Does the retialer claim to have staff with the expertise to recommend a bed sutable for thise with back problems
 or  do they employ people to sell beds?

Grumpy_chap

It would be outside of consumer rights but it is quite common that beds are sold with a "90 (02 100, or 200 or whatever) night sleep / comfort guarantee" by either the retailer or the manufacturer.
Does the OP have any such provision?  It may be easier to invoke such a "guarantee" than a consumer rights case.

p00hsticks

Is the mattress integral to the bed?
Was it a single purchase or were the two items billed separately ? In my experience it's common to select the bed base and then an accompanying mattress of the required hardness as two separate items. 
   
You are using the words 'mattress' and 'bed' interchangeably when saying that things are not fit for purpose, but it sounds like the problem is actually with only the mattress rather than the bed itself.
  

madaboutspots

We bought the entire bed as a whole package. We’re being told the mattress needs bedding in - though as I say, this isn’t possible to do due to its firmness at this stage causing so much discomfort. 

ArbitraryRandom

If what you're saying is that it isn't the same as the one you tested in store, what you want to quote is this: https://www.legislation.gov.uk/ukpga/2015/15/section/14/enacted (section 14 of the CRA 2015)

Follow through to here to see your rights under the different sections (you want to look at paragraph 3): https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted 

Section 14 leads you here (section 22): https://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted 

i.e. if you haven't already, write to them including links to/quotes from the sections above and say you using your short term right to reject under the consumer rights act due to the model they delivered not matching the sample you tested in store as per section 14. 

If/when they refuse, that's what you then take to your credit card - that you tried to reject the goods under section 14 and the store refused.