The online mattress minefield

Jellynailer

The mattress I bought 3 months ago for over £500 came with a warning that two people are needed to move it. I was not informed by the retailer and only found out when the packaging was removed. Also in the packaging was a QR code for the manufacturer's 'guarantee' which consists of a warranty against faults in manufacture and detailed guidance on mattress care. The retailer provided links for the guarantee and care but neither of these links worked.

The care guidance states that the mattress takes up to 3 months to 'settle' so needs to be rotated weekly for 2-3 months and then monthly thereafter – impossible for anyone who is single, disabled, with health problems, elderly, and do not have a pair of people who visit weekly. If I had bought direct from the manufacturer I could have returned it for a refund within 14 days. However, the retailer denies this legal right on 'hygeine' grounds i.e once the packaging as been removed.

The retailer will exchange the mattress under its sleep trial but only between 30-60 days after delivery with the customer paying or losing the difference in a higher or lower priced alternative. However, 60 days is not long enough for test of settlement plus the mattress has to be returned for checking before the replacement is sent. People with only one bed to sleep on are left to sleep on the floor.

Only customers who buy an expensive mattress protector qualify for the trial to ensure that a returned mattress can be resold. The manufacturer only says a protector should be breathable and also says that it only makes to order, hence up to 28 days for delivery compared with next day delivery by the retailer; and also provides free delivery to room of choice and free removal of old mattress.

Doing the sums, the retailer's charges for delivery to room of choice + removal + mattress protector amounted to more than the time limited discount on offer from the retailer (who then discounted over the following months!). The difference in actual price between retailer and manufacturer is just over £100. With what I now know, I would happily have paid the extra in order to not lose £500+ and be sure of getting a new mattress.

Yet, there is another alternative – keep your old mattress and just buy a topper. My manufacturer provides guidance on this on its home page. My retailer is silent on the issue.

I hope all this is helpful. The comments of other forumites would be gratefully received.

Okell

Jellynailer said:

... However, the retailer denies this legal right on 'hygeine' grounds i.e once the packaging as been removed...

Did you buy this online?

If you did the retailer may have claimed that the mattress can't be returned under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) for "hygiene" reasons, but I don't believe that is correct.

There actually is a decided case in the european court of justice that says that mattresses in particular are not covered by the "hygiene" exception to cancellation.

Although we are no longer in the EU I wouldn't be surprised if an English court followed the same reasoning as the ECJ.

Of course the retailer could make a deduction for loss of value - assuming they've complied with the regs concerning providing information etc

I'm sure @the_lunatic_is_in_my_head knows the case...

Edit:  I believe it can be found here  -  CURIA - Documents (europa.eu)

PHK

Just to point out that the vast majority of mattresses need to be rotated and many also need to be turned. 

the_lunatic_is_in_my_head

Okell said:

Jellynailer said:

... However, the retailer denies this legal right on 'hygeine' grounds i.e once the packaging as been removed...

Did you buy this online?

If you did the retailer may have claimed that the mattress can't be returned under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) for "hygiene" reasons, but I don't believe that is correct.

There actually is a decided case in the european court of justice that says that mattresses in particular are not covered by the "hygiene" exception to cancellation.

Although we are no longer in the EU I wouldn't be surprised if an English court followed the same reasoning as the ECJ.

Of course the retailer could make a deduction for loss of value - assuming they've complied with the regs concerning providing information etc

I'm sure @the_lunatic_is_in_my_head knows the case...

Edit:  I believe it can be found here  -  CURIA - Documents (europa.eu)

That's the one but my understanding is that as of earlier this year UK courts are to make their own decisions, I'm sure the view of the EU would be noteworthy in reaching any decisions, and certainly for anyone looking to say the right thing to persuade a retailer to their point of view it's worth mentioning but I'm not sure it's something we can rely on 100% now.  

Main notes from the OP are warranty is provided via the manufacturer and if buying from a retailer and raising an issue within 6 months burden of proof is with the retailer, that said it seems OP is unhappy with the mattress rather than there being a fault? 

Mattresses have silly mark ups and there's a whole load of fluff to get you to buy from a certain place, I would have thought best thing to do is to go to a  shop and try them out until you find one you like.  

molerat

PHK said:

Just to point out that the vast majority of mattresses need to be rotated and many also need to be turned. 

^^This^^  I thought it was common knowledge.

Is there actually anything wrong with the mattress ?

Jellynailer

It is the weight of the mattress that makes rotation an issue, particularly when this needs to be done weekly.  The mattress was fine for the first two weeks but has become increasingly less so since then.

Re the law I found this advice on the Furniture & Home Improvement Ombudsman (FHIO) website:

When buying any product on line, you have a right to cancel. This runs for 14 days starting the day after delivery.

This means that you can take that time to make sure it suits you…right?

There is some debate about this.The same consumer regulations that give you the right to cancel, provide for some exemptions – one of these relates to hygiene. ,,

However, and contrary to this, Trading Standards in the UK believe that since consumers are entitled to “handle goods” (and handling is defined as “the sort of thing that might reasonably be allowed in a shop”), it is reasonable for you to remove the packaging in order to try out the mattress, just as you would do in a shop.

Has anyone else experienced the 'hygeine' issue or complained to the FHIO about an online mattress seller or both?

Lorian

Good mattress are typically heavy. Bit of a generalisation there but I think it mostly holds true

Aylesbury_Duck

Lorian said:

Good mattress are typically heavy. Bit of a generalisation there but I think it mostly holds true

I think you're right.

While OP's points about anyone living alone, elderly, with a mobility impairment, etc. are true, that's going to be the case with a whole lot of mattresses, whether bought online or not.  I don't see where the "online minefield" is?  Surely any questions about how a mattress needs to be looked after can be asked prior to purchase, whether online or in store?

In cases where it's not practical to lift and turn mattresses, a consumer needs to find a mattress that doesn't ever require it.

Jellynailer

Aylesbury duck said "a consumer needs to find a mattress that doesn't ever require it". I only found one retailer that provides weight information = Argos but you cannot search by weight.

molerat

The problem is though if it ain't heavy it will likely be crap.

born_again

Jellynailer said:

It is the weight of the mattress that makes rotation an issue, particularly when this needs to be done weekly.  The mattress was fine for the first two weeks but has become increasingly less so since then.

Re the law I found this advice on the Furniture & Home Improvement Ombudsman (FHIO) website:

When buying any product on line, you have a right to cancel. This runs for 14 days starting the day after delivery.

This means that you can take that time to make sure it suits you…right?

There is some debate about this.The same consumer regulations that give you the right to cancel, provide for some exemptions – one of these relates to hygiene. ,,

However, and contrary to this, Trading Standards in the UK believe that since consumers are entitled to “handle goods” (and handling is defined as “the sort of thing that might reasonably be allowed in a shop”), it is reasonable for you to remove the packaging in order to try out the mattress, just as you would do in a shop.

Has anyone else experienced the 'hygeine' issue or complained to the FHIO about an online mattress seller or both?

Rotation is simple.
Pull one corner slightly off the bed at bottom, then go to the top & push or pull it round. There is no need to lift it off the base.

Flipping over is a different matter, Which is why choosing a mattress with built in topper is a good idea. No need to flip over. 👍