Mattress - apprently delivered to wrong address, whats my rights to request a new order

powerful_Rogue

Jellynailer said:

Can you get charge back if you pay with a debit card as the OP did? 

By the way,  I have looked at B & J sites = both companies pay Trustpilot = able to manipulate 5 star results.  Its worth looking at some 1 star posts - not many for J but scathing about bad customer service, quality of product, use of Fedex + delivery tp wrong address;  t&c for both = long & convoluted; some links for more information do not work;  J says guarantee copy will be provided when product delivered!  B says delivery date only an estimate.  Neither give information about mattress care.  All B says is the J mattress with integral topper will not need turning! 

How misleading is that?  

Your post?

Do you have any evidence that the company is manipulating results on Trustpilot? As for them paying Trustpilot, what's the issue with that? https://support.trustpilot.com/hc/en-us/articles/4421461660946-Do-businesses-pay-to-use-Trustpilot

77% 5*, 11% 4* and only 7% 1* out of 284,596 reviews is pretty good going, espeically when people are more likely to post a negative review.

No idea what 'J' is as you're being cryptic again for some unknown reason.

photome

Jellynailer said:

Can you get charge back if you pay with a debit card as the OP did? 

By the way,  I have looked at B & J sites = both companies pay Trustpilot = able to manipulate 5 star results.  Its worth looking at some 1 star posts - not many for J but scathing about bad customer service, quality of product, use of Fedex + delivery tp wrong address;  t&c for both = long & convoluted; some links for more information do not work;  J says guarantee copy will be provided when product delivered!  B says delivery date only an estimate.  Neither give information about mattress care.  All B says is the J mattress with integral topper will not need turning! 

How misleading is that?  

I dont think your posts help anyone

GingerTim

powerful_Rogue said:

Jellynailer said:

Can you get charge back if you pay with a debit card as the OP did? 

By the way,  I have looked at B & J sites = both companies pay Trustpilot = able to manipulate 5 star results.  Its worth looking at some 1 star posts - not many for J but scathing about bad customer service, quality of product, use of Fedex + delivery tp wrong address;  t&c for both = long & convoluted; some links for more information do not work;  J says guarantee copy will be provided when product delivered!  B says delivery date only an estimate.  Neither give information about mattress care.  All B says is the J mattress with integral topper will not need turning! 

How misleading is that?  

Your post?

Do you have any evidence that the company is manipulating results on Trustpilot? As for them paying Trustpilot, what's the issue with that? https://support.trustpilot.com/hc/en-us/articles/4421461660946-Do-businesses-pay-to-use-Trustpilot

77% 5*, 11% 4* and only 7% 1* out of 284,596 reviews is pretty good going, espeically when people are more likely to post a negative review.

No idea what 'J' is as you're being cryptic again for some unknown reason.

Jensen Beds, perhaps?

EssexHebridean

I *think* this time round it may be B- Bensons, J - Jay-Be - these were both mentioned by the OP already. Ironically allowing that this is relatively obvious, using initials will not get around them potentially taking issue over the false claims being made about them! Not a game I would be playing on a public forum - or anywhere else come to that! 

Jellynailer

EssexHebridean said:

Information about mattress care isn’t really relevant to the OP who still doesn’t HAVE a mattress to turn (or not!) currently! 

Ah but when the mattress does arrive it the OP could be denied redress for problems in reference to the less than clear guarantee citing the even less than clear t&c.  While the OP waits for the mattress, it is worth asking B +J for information on mattress care for the OP's mattress.  The advice from a good seller will look like this:

Guarantee info: The product must have been used and cared for in accordance with our manufacturer’s guidelines and instructions = how to care for your product

let your mattress breathe After its removal from the packaging, please leave your bed uncovered for a few hours. To avoid risk of suffocation, please ensure that the polythene bag is well out of reach of children. The polythene bag is recyclable;

turn and rotate your mattress regularly If you have purchased a double sided mattress it is important that you turn it over and rotate it from ‘top-to-toe’ once a week for the first two or three months and then monthly thereafter. If you have purchased a single sided mattress this will just need rotating from ‘top-to-toe’ once a week for the first two or three months and then monthly thereafter.*if you’re not sure if your mattress is double or single sided, check the label at the bottom of your mattress This will prolong the lifespan of your mattress and ensure even settlement of the fillings. When turning and rotating your mattress please ensure that you have assistance to avoid any accidents or the spring system becoming damaged within the mattress due to it falling on it’s side

protect your mattress We recommend that you use a breathable mattress protector, which will protect it from coming into contact with body moisture or other liquids.

do not use detergents or chemical cleaners detergents or chemical cleaners Unless otherwise stated your mattress cover is not removable or suitable for washing.

new mattress smell quite normal ...airing the mattress = that any odours will pass.

Terms and Conditions of your Full Manufacturer’s Guarantee.

1. Your mattress may be delivered flat or rolled. Specialist equipment is used to roll a mattress. Please do not attempt to bend or re-roll your mattress yourself. This applies on delivery and should you need to move the mattress from room to room or house to house.

2. Please do not attempt to modify, alter or adapt your mattress, bed or headboard as this will invalidate your guarantee.

3. Your mattress must have been used in accordance with the care instructions

4. Single sided mattresses should only ever be used on the sleeping surface – label side up.

5. We are unable to accept items that are soiled or unhygienic.

6. We recommend that you use a breathable mattress protector from new to maintain your mattress.

7. The mattress should not be used without bed linen.

8. The mattress must be used with a suitable base – e.g. with slatted bed frames the slat widths should be 10cm and the gap between them no more than 7.5 cm.

9. The weight tolerance of 7kg for the small drawers, 15kg for the standard drawer and 40kg for ottoman beds has not been exceeded.

10. We will be unable to accept a claim if the product has been subjected to unfair wear and tear or misuse.

11. This guarantee does not cover accidental damage and only covers defects in manufacture, materials or workmanship.

Can provide a summary of the applicable full t&c if required.  There are other significant differences for t&cs for sleep trials.  I would have got a refund if I had bought from this 'Customer Service' company instead of a 'Company Self-service' one.

born_again

Jellynailer said:

EssexHebridean said:

Information about mattress care isn’t really relevant to the OP who still doesn’t HAVE a mattress to turn (or not!) currently! 

Ah but when the mattress does arrive it the OP could be denied redress for problems in reference to the less than clear guarantee citing the even less than clear t&c.  While the OP waits for the mattress, it is worth asking B +J for information on mattress care for the OP's mattress.  The advice from a good seller will look like this:

Guarantee info: The product must have been used and cared for in accordance with our manufacturer’s guidelines and instructions = how to care for your product

let your mattress breathe After its removal from the packaging, please leave your bed uncovered for a few hours. To avoid risk of suffocation, please ensure that the polythene bag is well out of reach of children. The polythene bag is recyclable;

turn and rotate your mattress regularly If you have purchased a double sided mattress it is important that you turn it over and rotate it from ‘top-to-toe’ once a week for the first two or three months and then monthly thereafter. If you have purchased a single sided mattress this will just need rotating from ‘top-to-toe’ once a week for the first two or three months and then monthly thereafter.*if you’re not sure if your mattress is double or single sided, check the label at the bottom of your mattress This will prolong the lifespan of your mattress and ensure even settlement of the fillings. When turning and rotating your mattress please ensure that you have assistance to avoid any accidents or the spring system becoming damaged within the mattress due to it falling on it’s side

protect your mattress We recommend that you use a breathable mattress protector, which will protect it from coming into contact with body moisture or other liquids.

do not use detergents or chemical cleaners detergents or chemical cleaners Unless otherwise stated your mattress cover is not removable or suitable for washing.

new mattress smell quite normal ...airing the mattress = that any odours will pass.

Terms and Conditions of your Full Manufacturer’s Guarantee.

1. Your mattress may be delivered flat or rolled. Specialist equipment is used to roll a mattress. Please do not attempt to bend or re-roll your mattress yourself. This applies on delivery and should you need to move the mattress from room to room or house to house.

2. Please do not attempt to modify, alter or adapt your mattress, bed or headboard as this will invalidate your guarantee.

3. Your mattress must have been used in accordance with the care instructions

4. Single sided mattresses should only ever be used on the sleeping surface – label side up.

5. We are unable to accept items that are soiled or unhygienic.

6. We recommend that you use a breathable mattress protector from new to maintain your mattress.

7. The mattress should not be used without bed linen.

8. The mattress must be used with a suitable base – e.g. with slatted bed frames the slat widths should be 10cm and the gap between them no more than 7.5 cm.

9. The weight tolerance of 7kg for the small drawers, 15kg for the standard drawer and 40kg for ottoman beds has not been exceeded.

10. We will be unable to accept a claim if the product has been subjected to unfair wear and tear or misuse.

11. This guarantee does not cover accidental damage and only covers defects in manufacture, materials or workmanship.

Can provide a summary of the applicable full t&c if required.  There are other significant differences for t&cs for sleep trials.  I would have got a refund if I had bought from this 'Customer Service' company instead of a 'Company Self-service' one.

This thread has nothing to do with your previous thread's on mattress care. So this post has no relevance to OP issue.

Yet again you are hijacking a thread.

https://www.moneysavingexpert.com/site/forum-faqs

Stay on track

Conversations work best when on topic, so keep your posts relevant and constructive. Derailing and disruptive posting is unacceptable.

EssexHebridean

Jellynailer said:

EssexHebridean said:

Information about mattress care isn’t really relevant to the OP who still doesn’t HAVE a mattress to turn (or not!) currently! 

Ah but when the mattress does arrive it the OP could be denied redress for problems in reference to the less than clear guarantee citing the even less than clear t&c.  While the OP waits for the mattress, it is worth asking B +J for information on mattress care for the OP's mattress.  <snip> 

 

Allowing that the OP is potentially going to be looking for a cancellation of this order on the basis of non-delivery, they would be well advised not to make any contact with the supplier asking for care instructions for a mattress that has never arrived, quite honestly. That can only muddy the waters.

Okell

m0bov said:

Send an LBA now to start the 7 day countdown.

I'm certain I was wrong when I suggested in an earlier post that the OP could treat the contract as at an end when the trader failed to meet the original 7 day delivery date.  @the_lunatic_is_in_my_head corrected me and said that after the original 7 days was missed the OP needed to give the trader another date for delivery**.

As the original delivery date was 7 days I think it's reasonable to give them another 7 days.

And if a new mattress still hasn't been delivered after the second 7 days, the OP can treat the contract as at an end, at which point he'd be sending a Letter Before Action to them.

DullGreyGuy said:

m0bov said:

Send an LBA now to start the 7 day countdown.

7 days doesn't feel reasonable in the circumstances. No harm in getting the clock ticking but the time frame legally needs to be reasonable

I don't know.

If the OP has given them another 7 days after the failed delivery and they still haven't delivered it, then a further 7 days on the LBA would be a total of 14 after the failed delivery.

Surely they've got no excuse for failing to sort this out within 14 days?  How can you deliver a mattress to the wrong address?  How can you lose a mattress?


**What I'll admit I'm unsure about here is whether the original 7 day delivery amounts to an agreed time or period for delivery for the purposes of s28 of the CRA.  If it doesn't (eg was just an estimate) then the OP will have to wait until 30 days after the contract was entered into, and then give them a further period - "reasonable in the circumstances" - within which to deliver.  It'll be weeks before it's sorted...

DullGreyGuy

Okell said:

DullGreyGuy said:

m0bov said:

Send an LBA now to start the 7 day countdown.

7 days doesn't feel reasonable in the circumstances. No harm in getting the clock ticking but the time frame legally needs to be reasonable

I don't know.

If the OP has given them another 7 days after the failed delivery and they still haven't delivered it, then a further 7 days on the LBA would be a total of 14 after the failed delivery.

Surely they've got no excuse for failing to sort this out within 14 days?  How can you deliver a mattress to the wrong address?  How can you lose a mattress?


**What I'll admit I'm unsure about here is whether the original 7 day delivery amounts to an agreed time or period for delivery for the purposes of s28 of the CRA.  If it doesn't (eg was just an estimate) then the OP will have to wait until 30 days after the contract was entered into, and then give them a further period - "reasonable in the circumstances" - within which to deliver.  It'll be weeks before it's sorted...

DHL managed to lose our 4 seater sofa and the person at the wrong address did sign for receipt of it. In fairness it was delivered to a commercial unit and the person that signed was just a random worker in the company. Thankfully he did phone the boss to ask where they wanted it after taking delivery and was told they hadn't ordered a sofa so just leave it be whilst it gets sorted. 

At the end of the day there are a lot of nuances, we never have 100% the full story nor how a court will consider a matter where FedEx states it was delivered. Assuming it was an agreed delivery timescale, which it doesn't really sound like to me, then the customer must explicitly give them the second timescale and it must be reasonable in the circumstances. After that time has elapsed the customer can call the contract at an end and demand reimbursement which should not be unduly delayed. 

I've shipped a product, I'm told by my couriers it's delivered and by my customer it's not been delivered. I need the courier to locate it, pick it up, me to inspect its still in saleable condition and then send it to the customer. That is a lot to achieve in 5 working days and especially as I dont control the timescale for the search by the courier. If I have another in stock maybe I can just wait for the search to be completed and then send a spare to shorten the timeline but I do want confirmation that it wasnt delivered to the right address. As such I firstly would question if the OP gave the merchant a fixed new date and if they did and it was 5 working days then that may not be reasonable. 

The OP presumably isn't going to send a letter before action with the intent of getting an injunction that the merchant delivers a bed to them. Instead they are going to ask for the monies to be refunded but they are sending the LBA before even asking for the monies back and probably not yet at the stage of being entitled to get the monies back. Certainly I would be highlighting the unreasonable behaviour to the judge if it got there

Jellynailer

Have got cross eyed on this thread.  Couldn't  find when NBA was mentioned by the OP but did find comments re manipulation on Trustpilot.  Will be happy to explain 'the devil in the detail' but in another thread (to give the poor OP a break! )  However, I clicked on a new thread which may be my favourite bookmark for some considerable time = see New "Have a Look at This" thread.  However will not be posting on it so sorry if those who like to follow me are disappointed.