The online mattress minefield

Jellynailer

What is missing in many of the comments to my thread is that a key issue in my case is the denial of my 14 day right of return on hygiene grounds.  Nobody else has engaged on this issue or the linked issue of whether my mattress was new or a returned sleep trial one.  

My further research has revealed that my mattress was new and the manufacturer does not play the hygiene card + its guarantee contains detailed information about care of their mattress + the need for assistance to turn them - information withheld by the online retailer by means of a non-working link (that has since been deleted after I compained (but I have a screen grab of the original). 

I also now know how to detect if a mattress is new or not - the guarantee link works for used mattresses and the guarantee itself is a 1-5 year retailer hybrid with charges to the customer progressively increasing after the first year. 

My findings also reveal much more to the extent that I can demonstrate an intention to withhold information so that the term 'withheld' is justified as per the recent court decision concerning information links only provided in very small print.

To return to the 'hygiene' issue

A month ago Okell posted

"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". 

Unfortunately no legal challenge has progressed as far as the High Court to date   However, I posted the folllowing information also a month ago:

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?

EssexHebridean

if you are going to quote @okell then etiquette suggests you tag them also in order that they may comment on your use of their text if they need or wish to,