John Lewis Tempur trial

Aylesbury_Duck

sghughes42 said:

littleboo said:

You just have to have informed them after 40 and before 60 days,as per their Terms. Whether its resolved in 60 days is another matter.So if that hasn't happened since the 40 days has passed, you should do it in line with their terms

I guess I've not strictly speaking informed them anyway. I contacted them for clarification on whether the exchange was final as I'm not confident the alternatives would be suitable. I was thinking of a return but decided to just check if an exchange then return if still no good was possible.

You can imagine my surprise to be told that a return wasn't possible at all and that an exchange was my only option.

Really don't know what to do now, as none of the Tempur options really seem like they'll be suitable and it's a heck of a lot of money to spend on a mattress that gives poor sleep.

I wish I'd gone with my gut on this originally as I wasn't convinced by the Tempur but all the online reviews and nudges SWMOB persuaded me to put those doubts aside. If anything I slept better on it for the first few days and it's got progressively worse, not better.

Did you specifically ask about it in the context of the trial offered by Tempur?  Could they have treated your query as if you wanted a "normal" consumer rights return?  That would explain their response.

sghughes42

Aylesbury_Duck said:

Did you specifically ask about it in the context of the trial offered by Tempur?  Could they have treated your query as if you wanted a "normal" consumer rights return?  That would explain their response.

They took order number etc which they appear to have checked up. I did reference the Tempur offer and they've referenced it themselves in terms of the exchange, but have stated a refund it not an option.

Looking at the 'offer' in more detail, one word that is missing is 'refund'. It talks about return or exchange, but does not specifically mention refund. However, you could argue that the only purpose to return other than exchange would be for a refund, and it does say 'return OR exchange', not 'return AND exchange'.

Aylesbury_Duck

sghughes42 said:

Aylesbury_Duck said:

Did you specifically ask about it in the context of the trial offered by Tempur?  Could they have treated your query as if you wanted a "normal" consumer rights return?  That would explain their response.

They took order number etc which they appear to have checked up. I did reference the Tempur offer and they've referenced it themselves in terms of the exchange, but have stated a refund it not an option.

Looking at the 'offer' in more detail, one word that is missing is 'refund'. It talks about return or exchange, but does not specifically mention refund. However, you could argue that the only purpose to return other than exchange would be for a refund, and it does say 'return OR exchange', not 'return AND exchange'.

Yes, it does.  Clause 12: If the mattress is returned it must be in a good condition to honour the exchange or refund.

sghughes42

Aylesbury_Duck said:

Looking at the 'offer' in more detail, one word that is missing is 'refund'. It talks about return or exchange, but does not specifically mention refund. However, you could argue that the only purpose to return other than exchange would be for a refund, and it does say 'return OR exchange', not 'return AND exchange'.

Yes, it does.  Clause 12: If the mattress is returned it must be in a good condition to honour the exchange or refund.

Good point, I'd missed that one. The earlier clauses only mention a return.

Looking back at the email chain both they and I reference the Tempur trial so I'd be surprised if they've confused this with a normal returns query.

I've gone back to them quoting the trial T&Cs specifically to see what response I get.

screech_78

Whoever you have been speaking to is confused. 

JL offer a 60 night comfort trial on all of their own brand mattresses however the terms of this are exchange only; you won’t get a refund. 

The Tempur Trial is separate and you can have a refund if you wish, minus the £29.95 collection fee. 

You need to make it clear you are returning under the Tempur comfort trial, not the JL one.  

sghughes42

screech_78 said:

Whoever you have been speaking to is confused. 

JL offer a 60 night comfort trial on all of their own brand mattresses however the terms of this are exchange only; you won’t get a refund. 

The Tempur Trial is separate and you can have a refund if you wish, minus the £29.95 collection fee. 

You need to make it clear you are returning under the Tempur comfort trial, not the JL one.  

Yes, they do finally seem to have realised this. However, they are now claiming only one refund per UK address is allowed even though there is nothing in the T&Cs that mentions this. They seem to be suggesting this is a term imposed by Tempur but I don't see how that is relevant as I bought from John Lewis, not Tempur...

Aylesbury_Duck

sghughes42 said:

screech_78 said:

Whoever you have been speaking to is confused. 

JL offer a 60 night comfort trial on all of their own brand mattresses however the terms of this are exchange only; you won’t get a refund. 

The Tempur Trial is separate and you can have a refund if you wish, minus the £29.95 collection fee. 

You need to make it clear you are returning under the Tempur comfort trial, not the JL one.  

Yes, they do finally seem to have realised this. However, they are now claiming only one refund per UK address is allowed even though there is nothing in the T&Cs that mentions this. They seem to be suggesting this is a term imposed by Tempur but I don't see how that is relevant as I bought from John Lewis, not Tempur...

Have you had any other refunds at your address?  I can't see how it's relevant if it's not a stated policy term, but I am curious as to why they seem reluctant to help.

screech_78 has set out the two available routes, and you're exercising the Tempur trial route.  Does that make Tempur's terms relevant here?  You see what I'm getting at - it looks like you want to have your cake and eat it - using the Tempur refund option but wanting the JL terms and conditions to apply.

I still think you're entitled to a refund under the Tempur trial - minus the collection fee - but I wonder if you're falling foul of the two trials' terms being conflated?

photome

sghughes42 said:

screech_78 said:

Whoever you have been speaking to is confused. 

JL offer a 60 night comfort trial on all of their own brand mattresses however the terms of this are exchange only; you won’t get a refund. 

The Tempur Trial is separate and you can have a refund if you wish, minus the £29.95 collection fee. 

You need to make it clear you are returning under the Tempur comfort trial, not the JL one.  

Yes, they do finally seem to have realised this. However, they are now claiming only one refund per UK address is allowed even though there is nothing in the T&Cs that mentions this. They seem to be suggesting this is a term imposed by Tempur but I don't see how that is relevant as I bought from John Lewis, not Tempur...

Have you already had a comfort exchange ? t and c do say only one allowed

Have you had a breathable protector on the mattress as per the t and c

screech_78

sghughes42 said:

screech_78 said:

Whoever you have been speaking to is confused. 

JL offer a 60 night comfort trial on all of their own brand mattresses however the terms of this are exchange only; you won’t get a refund. 

The Tempur Trial is separate and you can have a refund if you wish, minus the £29.95 collection fee. 

You need to make it clear you are returning under the Tempur comfort trial, not the JL one.  

Yes, they do finally seem to have realised this. However, they are now claiming only one refund per UK address is allowed even though there is nothing in the T&Cs that mentions this. They seem to be suggesting this is a term imposed by Tempur but I don't see how that is relevant as I bought from John Lewis, not Tempur...

The trial is carried out by Tempur via John Lewis. If you’ve already had one exchange/return via Tempur themselves, you will struggle to get another. Have you? If so, is there is a reason you keep changing your mind on mattresses? 

sheramber

Possibly has already had a confort exchange as he mentions another model being unsuitable.

Having found the mattress unusable as it causes considerable pain I want to return it, but have been told they only offer an exchange, despite the word 'return' being used in their policy.

Does anyone else have experience of this? The next softest model seemed OK in terms of comfort, but you sink so far in to it you can't turn over, which is no use to me as I turn frequently in the night.