Simba mattress guarantee won't honour it

bambie1

When I moved to my new home my gran bought us a new Simba mattress for our bed (as I was pregnant and she wanted me to get a better sleep 🥰) 
It was fine in the beginning but by the time baby arrived it had become completely sunken on my partners side - to the point he could no longer sleep on it, we unfortunately lost my gran while I was pregnant, when we contacted Simba they wanted the purchase details - I explained it was a gift that she chose due to the warranty included but that she was no longer with us, they have said to give the address etc which I did, they say they now won't do anything without the death certificate?!?! I am baffled at why they would need this and also am unable to locate it asy grans husband passed within days of her passing and his family were the ones to clear the home of his items that likely included this (they live in Germany as are a military family) but they have went back and forth for almost 6m now telling me they won't honor the guarantee without the death certificate? Can this really be expected given the mattress has a serial number ID etc? It's clearly a faulty mattress and I just find the whole thing a joke.

BoGoF

It is the purchaser that has the Consumer Rights, in this case your late gran so any refund should really go to her estate. You personally have no rights with Simba and they are correctly asking for some paperwork before making any refund.

bambie1

I don't want a refund though I just want the product to be fit for purpose or replaced, I have shown other evidence I just cannot find the death certificate, I have given them everything else to show this (it was our address it was delivered to) just feel there is surely still a guarantee for them to honor despite it being a gift? 

photome

Can you get a replacement death certificate for £11.

what have they said they will do if you do provide the certificate

BoGoF

bambie1 said:

I don't want a refund though I just want the product to be fit for purpose or replaced, I have shown other evidence I just cannot find the death certificate, I have given them everything else to show this (it was our address it was delivered to) just feel there is surely still a guarantee for them to honor despite it being a gift? 

It doesn't matter where it was delivered, any rights are with the purchaser and it appears that the Simba guarantee is not transferable.  You are reliant on goodwill so if they want a death certificate you are going to have to supply one.

sheramber

bambie1 said:

I don't want a refund though I just want the product to be fit for purpose or replaced, I have shown other evidence I just cannot find the death certificate, I have given them everything else to show this (it was our address it was delivered to) just feel there is surely still a guarantee for them to honor despite it being a gift? 

The terms of the guarantee are whatever the company state in it. A guarantee is from the company not a legal requirement. 

The legal protection applies to the purchaser, even if it is gift. 
 In this case that would be the estate. 

If Simba are prepared to consider a claim from you then it will be on your interests to comply with what they want. 

Copies of death certificates can be obtained from https://www.gov.uk/order-copy-birth-death-marriage-certificate

born_again

bambie1 said:

I don't want a refund though I just want the product to be fit for purpose or replaced, I have shown other evidence I just cannot find the death certificate, I have given them everything else to show this (it was our address it was delivered to) just feel there is surely still a guarantee for them to honor despite it being a gift? 

TBH. Given how long it has lasted, if they offer a refund take it & find another type that will provide better support.

bambie1

photome said:

Can you get a replacement death certificate for £11.

what have they said they will do if you do provide the certificate

They have said they will "look into it" after that so I'm not entirely sure, I wasn't aware I could get a replacement, I will just do that as I'm aware she paid a lot for the mattress and the quality is absolutely shocking given my partner is well below the weight limit and the thing looks thinner than a crumpet!!! 🙈

Alderbank

The actual death certificate never leaves the General Records Office.

The only documents you see are certified copies of it. Death certificates are classified as public records and therefore as stated above anyone can buy copies easily and (relatively) cheaply.