Return of online order

mlody

eskbanker said:

mlody said:

eskbanker said:

mlody said:

I am unable to use it as I have spinal cord compensation and the mattress is making it worse

Are you able to make a case that the mattress isn't compliant with its specification, which would grant you additional return rights?  Presumably if you have a spinal condition, you need to to choose mattresses carefully and will have picked one with specific characteristics, so if it doesn't match its description then you should be able to send it back on that basis....

It claims tha it provides optimal spine alignment and relieves pressure points 

But that's really just generic marketing blurb - is there anything quantifiable and measurable regarding how hard or soft the mattress is?

No it's just marketing as you say but it does clearly specify that it rolled and packed for easy delivery and not for hygiene reasons. And that it expands to its full size after unpacking, the manual says to allow at least 24 hours, so technically this prevents me from seeing if the mattress is right for me without breaking the seal and as soon as I did it the company tells me that I have no rights to return it

mlody

This is what I get when I search for customer rights regarding opening online purchases

Penguin_

IT says there "Check the specific returns policy of the retailer as they may have additional conditions".

eskbanker

mlody said:

This is what I get when I search for customer rights regarding opening online purchases

But that is just an AI-generated summary, and its inclusion of 'generally' and 'most' online purchases reflects the fact that the relevant legislation can't realistically be fully captured in a sentence or two!  I quoted the relevant exclusion earlier.

Penguin_ said:

IT says there "Check the specific returns policy of the retailer as they may have additional conditions".

As above, retailers can specify Ts & Cs but these can't override statutory rights.

mlody

Penguin_ said:

IT says there "Check the specific returns policy of the retailer as they may have additional conditions".

Yes I understand that but in this case it kinda creates a loop hole that allows them to violate consumer rights act, it says clearly I can open it and no need to give them a reason for a return and they said no we have our own rules, I guess I will have to ask a solicitor or a citizen advice regarding this issue

TELLIT01

Common sense would suggest that it is pointless to provide a customer with a mattress which cannot be tried out.  If it was supplied with a cover which could be kept in place after it had been allowed to expand to its full size, and that hadn't been done, I could understand their argument.

Okell

If I recall correctly the European Court has already decided in a German case that the sealed for purposes of hygiene exception to cancellation of a distance contract does not apply to mattresses - because they can be cleaned after return and because there is a second-hand market for them.

The case was referred to in a (rather lengthy) thread about 3 years ago concerning the question whether or not vaping equipment was an exception to the cancellation rule.  I've just searched for the thread but can't find it.  I know that @the_lunatic_is_in_my_head will be able to reference it

Of course it's a european decision and not a UK one, but a UK court might think it persuasive as a legal argument

sheramber

When I bought my new mattress  there was  100 day return window but a mattress cover had to be used. 

The  claim about spinal alignment probably applies to people who do not have spinal problems. 

A general mattress cannot possibly cater for every kind or degree of spinal problem. 

If you have spinal problems then I would think you need professional advice on what kind of mattress was suitable. 

the_lunatic_is_in_my_head

Send them this:

https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-03/cp190042en.pdf

You will need to complain higher up.

However you only need to inform them you are exercising the right of cancellation and then send the goods back, you do not need their permission. 

If having sent it back they don't refund you can send a letter before action then file small claims, Boohoo is extremely unlikely to go to court over a debatable point for the value of a mattress. 

mlody

Thank you, for your help, I also raised this concern with Debenhams through the messenger, they told me that because i ordered it online I will have to contact the online stores email address, which I did and they refused to take it back, I went back to messenger and informed Debenhams about it and they told me that I do have a right to return it and that they raised this with their manager and to allow them 2 days to try to get it sorted I think if I follow up with all the information that you guys provided in this topic, i will have a good point, if not I will speak to a solicitor or citizen advice, it's disgusting that a big brand like that is allowed to strip the customers off their rights simply by writing stuff up in their terms and conditions.